The Bulletin of the Commercial Law League of America, Volume 16Commercial Law League of America, 1911 - Commercial law |
Other editions - View all
Common terms and phrases
A. V. Cannon Adjustment Company Allen American Ask a division Atlantic City Baltimore Bldg Boston Breding Broadway Bryant Building Bulletin Campbell Carr Chairman Charles Chas Chicago Cincinnati Cleveland Collection Agency collection department Commercial Law League Credit & Collection Detroit Dinkelspiel division of fees E. C. Ferguson East Liverpool Ernest Executive Committee F. M. SIMONTON fees is asked firm name George H. V. Crooks Henry Deutsch house agency Howard Reber Huff Iowa City J. G. Latimer Jesse G John July 16th Central July 17th Eastern Kansas City Krauthoff Kreamer Law & Collection LEAGUE OF AMERICA lection department Louis ment Mercantile Agency Milwaukee Minn Minneapolis Napier National Ohio Okla Oklahoma Omaha Orleans p.m. July 16th pany Philadelphia Pittsburg President published Robt Secretary Secretary's office Spieth Stock Food T. O. Bunch Tampa Texas Thos Walker William York City
Popular passages
Page 8 - But the value of the attorney's anticipated services had been fixed by the agreement of the parties. In the absence of any other ascertained rule of damage why may not this sum be taken as the one nearest in contemplation of the parties, and the one nearest a fair solution? The majority think it is, and that a recovery on that basis, properly ascertained, might attain a...
Page 9 - ... of state and local officials responsible for the administration of these laws brought to light several problem areas which indicated need for a number of important amendments to strengthen the operation of the statutes. All of these suggestions were subsequently approved by the National Conference of Commissioners on Uniform State Laws, the American Bar Association and the Drafting Committee of the Council of State Governments. The Eleventh General Assembly of the States strongly recommends that...
Page 9 - ... afterwards divulge. This consideration would prevent in some cases which might be easily supposed, the discharged attorney from taking employment from the opposite party. Such instances would be rare, still they occasionally occur, and a rule of damage which would entirely ignore this consideration would hardly meet with general approval. These considerations, and the fact of the impracticability of ascertaining a satisfactory measure of damage sustained by the attorney from such breach differentiates...
Page 9 - ... such as the one before us are in their nature dissimilar from the ordinary contract of employment. Peculiar and confidential relations are often formed, and it not infrequently happens that in the relations thus brought about the attorney obtains private information respecting his client's business which he may not afterwards divulge. This consideration would prevent in some cases which might be easily supposed, the discharged attorney from taking employment from the opposite party. Such instances...
Page 8 - In a suit to recover generally for attorney's fees for professional services claimed to have been rendered by plaintiff for defendant, it is error for the court to instruct the jury that if they "find the plaintiff rendered services for defendant at his request, and the service was of value to him you can take into consideration in that matter the nature of the service, and benefits that he has derived therefrom, or might have derived therefrom": Schcinesohn v.
Page 4 - The United States recognizes with satisfaction that the Dominion of Canada is a permanent North American political unit, and that her autonomy is secure.
Page 7 - ... so far as the contract provides that the amount to be paid to the plaintiff should not be payable until a certificate had been obtained from and signed by the architect. Upon the trial, evidence was given by the plaintiff tending to show that he had completed the contract, although it was admitted by him that, in building one of the chimneys, two flues had been allowed to run together; so that, instead of being an independent flue for each fireplace, for two fireplaces there was but one flue....
Page 8 - After considerable reflection, and search of authorities, the majority of the court is led to the conclusion that a cause of action accrued to plaintiff, for breach of contract, so soon as the claim was wrongfully taken out of his hands. If, then, at the trial, he established that the account was a...
Page 7 - Where an attorney at law accepts an account for collection with an agreement that he is to have as compensation twenty-five per cent, of the amount collected, and the client, without sufficient cause, and without giving the attorney a reasonable time to make collection, wrongfully takes the account out of the hands of the attorney, a right of action for such breach of contract accrues at once in favor of the...
Page 8 - The attorney had performed no service ; hence the rule of quantum meruit does not apply ; nor does it appear that the defendant had been in any way benefited. But the value of the attorney's anticipated services had been fixed by the agreement of the parties. In the absence of any other ascertained rule of damage why may not this sum be taken as the one nearest...