Cone v. Newkirk (24 Ill. 508, 1860)

Bbeese, J.

It appears, from the proofs in this cause, that an agreement was entered into between these parties on the 20th of March, 1854, by which complainant, a practicing lawyer of Chicago, agreed to give to defendant the full and exclusive benefit of all information he then had or might thereafter, during the continuance of the agreement, acquire, of the title to real property in Cook county; and for that purpose would examine the records in the office of that county, and enter in a book to be furnished by defendant, minutes or abstracts of the title of such tracts of land to which there were adverse titles and interests, as in complainant’s opinion should be worth entering in such book, for the purpose and best interest of the defendant. He further agreed to do sucll other professional business as the defendant might require of him to do, in and about defendant’s own business, and not otherwise. The defendant to pay complainant five hundred dollars per annum for such services, in monthly payments, and to pay for all disbursements made by complainant in doing the business as it might be necessary from time to time. It was further agreed, that either party might cancel the agreement by giving the other party thirty days’ notice in writing.

The defendant was a practicing physician in Chicago, uniting with his business of healing the sick, that of speculating in doubtful titles. Complainant and defendant occupied the same office.

About three or four weeks after this contract was made, and complainant doing business under it, it appears by the testimony of George W. J. Cone, the brother of complainant, that complainant, through the witness, sent a written notice to defendant, notifying him, that he, complainant, had put an end to this contract. This was on Saturday evening. On the following Monday, witness was requested by the defendant to go to his office, which he did, and there the defendant told him that he had received the notice, together with a note or letter, both of which defendant took from his pocket and read to witness, and said to him, that he had not intended to hold complainant to the terms of the contract, and requested witness to say to complainant, that if he would go on with the defendant’s business, he should be paid what was right and reasonable. Complainant did go on with defendant’s business, and brought a suit for defendant against Rosella Chapron, for a certain tract of land. At this time, and up to the latter part of the winter of 1855, various efforts had been made by the defendant to purchase of one Charles S. Wright, of Racine, Wisconsin, certain lands in Sec. 6, T. 39 north, R. 14 east, belonging to him, which were in dispute, and which had failed, Wright declining to sell to defendant at the price offered. In one of the conversations of defendant with Wright, he, Wright, said that he had made an agreement with the complainant to litigate the title, by which complainant was to receive one-tenth of the lands recovered, and that he could get along without selling.

Otit of this agreement by the complainant with Wright, this controversy arises. It was a written agreement, and is Exhibit 6, and bears date, September 21,1854. After the formal facts, and describing the lands, it stipulates in substance, that complainant was to recover the property from a sale under an execution, and prosecute to final judgment all suits that might be necessary for that purpose, and to use all reasonable diligence, etc., and clear the title as soon as it could be done by due course of law. The conveyance of one-tenth to be made to complainant, so soon as the title was established in Wright.

On the seventh day of October, 1854, the complainant wrote upon this agreement as follows: “In consideration of one

thousand dollars, I hereby assign my. interest in the above agreement to Adamson B. Newkirk, of the city of Chicago, county of Cook, State of Blinois, and said Newkirk hereby agrees to perform the agreements or covenants on my part to be performed by virtue hereof. Witness my hand and seal, et