Taylor

Taylor v. Black Diamond Coal Mining Co.

Good Law
1890 Cal. LEXIS 1072·86 Cal. 589·25 P. 51
Supreme Court of CaliforniaDecember 4, 1890No. 12965California270 words

Opinion

Lead Opinion

McFarland, J.

This action was brought by plaintiff, as assignee of Hoyt & McKee, attorneys at law, to recover from defendant a balance due for professional services. Judgment went for plaintiff in the court below, *590 from which, and from an order denying a new trial, defendant appeals.

Hoyt & McKee made a contract with defendant, by which they were to receive a certain compensation for their services as attorneys, provided they should accomplish certain results. Afterwards, McKee, as surviving member of the firm of Hoyt & McKee (Hoyt having died before the services were quite all rendered), assigned to the plaintiff, Taylor, all the right and title of said firm in said contract, and all the moneys due or to become due thereunder. Appellant contends that the assignment was invalid, upon the ground that an attorney cannot assign a contract for his services, and substitute another attorney in his place, without the consent of his client, such contract being special, and founded upon personal qualities. The general principle thus invoked is no doubt sound, but we do not think that it applies to the case at bar. A careful examination of the pleadings, the evidence, and the findings shows that the…

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