Keegin

Appeal by defendant upon the judgment-roll. The complaint averred employment of plaintiff by defendant to prosecute an appeal before the Commissioner of the Land Office, and, if necessary, before the Secretary of the Interior, through which to establish defendant’s ownership in certain mining property; that by the terms of such employment plaintiff was to accept, if unsuccessful, $250, but, if finally successful, defendant would pay, in addition, the reasonable value of such services. It is alleged that by a final decision of the Secretary of the Interior, rendered upon a petition for review, defendant’s ownership was established; that $2,000 was the reasonable value of such service, and the same remains unpaid. Defendant by his answer admits the employment and the rendition of the services, but claims that when the original decision of the Secretary of the Interior was rendered against defendant it was agreed that the original employment was at an end; that the proceedings upon review were inaugurated and prosecuted under a new agreement, by which plaintiff was to receive an interest in the mining property to the extent of the value of a reasonable fee.

The court found against…