Little

Appeals from the judgment and order denying a new trial.

This cause was previously before the court upon appeal from the judgment after demurrer sustained to plaintiff's complaint. It will be found reported in Little v. Caldwell, 101 Cal. 553 ; 40 Am. St. Rep. 89 . The opinion there set forth renders unnecessary any extended statement of facts.

By the original contract the firm of Caldwell & Little was to conduct the litigation to a final determination, paying all the expenses thereof, and, in the event of success, was to receive fifteen per cent of the estate-that would fall to their clients. This contract was in writing. Thereafter the firm refused to defray the expenses of litigation, and a paroi modification of the contract was agreed to whereby the clients were to pay five hundred dollars for such purpose. Of this sum they paid two hundred dollars. The firm then proceeded with the litigation, but, before further court proceedings were had, Little died. Caldwell then, without the knowledge of this plaintiff, entered in his own name into a contract with the clients whereunder he was to-prosecute at his own cost all further litigation, and, in the event of final success, was…