Chambers

(after stating the facts as above).

As to the main facts in the case, the testimony was conflicting. The defendant in error testified that there was no agreement as to the amount of the compensation, and that he and Murane were to be paid a reasonable fee. The plaintiff in error testified that the understanding was that the fee of both the attorneys was contingent upon success in the litigation; that, if he succeeded, they were to receive $5,000, $3,000 to Murane and $2,000 to the defendant in error. Murane, some months later, obtained a written contract for his fees, of which the defendant in error was not aware. That contract, signed by the plaintiff in error, admitted an indebtedness of $5,000 to Murane, to be paid out of a judgment for $20,441 which had been rendered in favor of the plaintiff in error, and against one Edie. It appears that, after tire defendant in error was employed, the litigation in which he was engaged resulted in a large number of other suits and actions, all affecting more or less directly the interest of the plaintiff in error in the Bon Voyage mining claim, and in all of which he appeared and rendered services, and that this other litigation was not in…