Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Quasi-Contract-Impossibility Of Performance-Restitution Of Money Paid Or Benefits Conferred Where Further Performance Has Been Excused, J. R. Swenson S.Ed.
Quasi-Contract-Impossibility Of Performance-Restitution Of Money Paid Or Benefits Conferred Where Further Performance Has Been Excused, J. R. Swenson S.Ed.
Michigan Law Review
In a recent Oklahoma case, City of Barnsdall v. Curnutt, an attorney was retained by a city to prosecute a damage claim arising out of the pollution of a stream. The attorney was to receive a 40 per cent contingency fee. The defendant in the action made an offer in compromise of $25,000 which was rejected by the city on advice of the attorney. Before the action was brought to trial the attorney died. The counsel substituted by the city obtained a settlement in which the city received $35,000, out of which a fee of $ 10,500 was paid …