Ballard

— At the date of the contract between the defendant and Hartman a decree had been entered confirming the title of the claimant in the case of Larkin v. The United States, and a motion had been made by the United States district attorney to open the decree, on the ground that the pretended grant under which Larkin claimed was a forgery. This motion was pending and undecided when the defendant succeeded to Larkin’s interest, and when the contract between *705 the defendant and Hartman was entered into. The substance of the contract was, that Hartman was retained as the attorney of the defendant, to procure an order or decree of the United States district court, “making the decree final in said court which has already been entered up in said case,” “or to procure the dismissal of any appeal to the supreme court of the United States, that may be taken therein by the said United States.” Hartman, on his part, agreed “to do and perform the services above mentioned and set forth”; in consideration of which the defendant agreed, “that so soon as the above services are performed,” he would convey to Hartman two undivided leagues of the land. The motion to open the decree was denied, and…

Concurring. — I think the evidence clearly shows that Carr continued to recognize Hartman as his attorney, after the employment of Patterson, and permitted him to render services, knowing that Hartman supposed the contract was binding, and was the only mode provided for his compensation. I think this amounted to a waiver of full performance on the part of Hartman.

*710 As to the defense that the contract was contra bonos mores, I see no evidence which tends to support it. The title had already been confirmed, and the grounds for supposing the grant a forgery had been laid before the court in an affidavit of the district attorney; and the question pending before the court was whether a new trial should be granted for that reason. I see nothing improper in the employment of counsel to resist such a motion. There is no evidence that any concealment was intended or attempted by Hartman. I, therefore, concur in the judgment.