Kilbourn

This action was brought by an assignee to recover for services alleged to have been rendered by an attorney, and for sums expended in connection with the employment.

The complaint alleged that the defendant and the assignor entered into an agreement providing in substance for the employment of the latter to collect a mortgage owned by defendant, it being agreed that the attorney should pay all necessary costs and expenses and receive as compensation for his services one-half of all sums collected in excess of #15,000, or, if the property should upon foreclosure be bid in by the parties to the agreement and afterward sold for a sum exceeding the above amount, the attorney should receive such excess. It was further alleged that as the result of the attorney’s services the title to the mortgaged property became vested in the defendant, and it was then agreed that in lieu of other compensation the latter should pay and the attorney receive the sum of $1,000, together with the expense previously incurred in the sum of #205, these sums to be paid as soon as defendant procured a loan of $6,000 upon the property; that the attorney attempted to negotiate the loan, but defendant then…