Hinckley v. Giberson

• Decision Date: 03 October 1930
• Citation: Hinckley v. Giberson, 129 Me. 308, 151 A. 542 (Me. 1930)
• Court: Maine Supreme Court
• Parties: HINCKLEY et al. v. GIBERSON et al.

151 A. 542

HINCKLEY et al.

v. GIBERSON et al.

Supreme Judicial Court of Maine.

Oct. 3, 1930.

Case removed from Superior Court, Cumberland County.

Action by Frederick W. Hinckley and others against Thomas Giberson and another. Case was removed to the Supreme Judicial Court.

Judgment for defendants.

Argued before PATTANGALL, C. J., DUNN, STURGIS, BARNES, and FARRINGTON, JJ., and PHILBROOK, A. R. J.

Hinckley, Hinckley & Shesong, of Portland, for plaintiffs.

Harry L. Cram and Lauren M. Sanborn, both of Portland, for defendants.

BARNES, J.

This is an action in assumpsit, brought by a firm of lawyers, to recover for legal services rendered and expenses incurred in the conduct of a suit in equity between one of the defendants here and parties who are strangers to this suit.

This contract of hire is in writing. It reads:

"Caribou Maine Oct. 19, 1926.

"Memorandum of agreement made and entered into this nineteenth day of October 1926 witnesseth as follows:

"In consideration that Hinckley, Hinckley & Shesong of Portland, Maine will take the case of Thomas Giberson v. Grover Hardison, Judson Briggs and Liab Shaw, trustees to recover said Giberson's farm located in Caswell plantation Aroostook County and prosecute the same, I the undersigned Thomas Giberson, and I E. H. Doyle both of said Caribou, agree to pay said Hinckley, Hinckley & Shesong as a fee for their services either the sum of five thousand ($5,000) dollars, or one third the fair market value of said farm at the time it is repossessed, or judgment against said Giberson rendered by any court in said State of Maine before which action may be brought, said appraisal to be made by three disinterested appraisers to be appointed by the parties hereto, one by said Giberson and one by said Shesong and the third by the two selected as aforesaid.

"The consideration for said Doyle's agreement hereto being a certain agreement made between said Giberson and said Doyle. In the event of the fee of $5,000. being agreed upon, said amount is to be in addition to necessary expenses in prosecuting said action, and as a further consideration said Doyle has paid to said Shesong the sum of $200. as a retainer, which is to be deducted from said $5,000. or said one third of the appraised value of said farm at the time of final adjustment.

"In witness whereof the said Parties have hereunto set their hands this nineteenth day of October 1926.

"Witness. Hinckley, Hinckley & Shesong "By L. G. Shesong "Thomas Giberson "E. H. Doyle"

The wording of the contract may be held to render interpretation necessary. Its indefiniteness, if any, is in the expression of the method of arriving at the amount to be earned.

. Defendants contend that, under the agreement evidenced by the contract of hire, plaintiffs engaged to undertake the contemplated litigation on shares.

In this...