Bergen

Defendant Frisbie had certain matters pertaining to timber land entries made by him pending before the secretary of the interior at Washington. He had paid two thousand and fifty dollars to the government upon these entries, and was desirous of the issuance of the patents to him for the land. These matters had been long delayed in the land department, whereupon defendant entered into a contract with plaintiffs, whereby he engaged their services as attorneys for the purpose of having the said entries ratified and declared valid; and *169 if such ratification and confirmation could not be accomplished, then to take action to recover from the government the said sum of two thousand and fifty dollars, paid as aforesaid.

This contract provided: “In consideration of such services the said party of the first part has this day .... and in addition, provided said parties of the second part succeed in securing a favorable and final decision in favor of said entries, the said party of the first part will pay the said attorneys ten per cent of the then value of the lands embraced in said entries, and should the said attorneys fail in securing such favorable decision, but in lieu of which…