by John Marshall Harlan

“ But how could such indebtedness be shown to exist, and how could the attorneys be said to have been damaged, within the meaning of the law, when prior to any suit against defendant for violation of his agreement, the attorneys voluntarily submitted to a compromise, by which, in consideration of a named sum, they released the state from all further liability to them? Their suit proceeds upon the distinct ground that defendant's failure to keep his promise deprived them of the opportunity to obtain such amount as the state owed them for their services. ”

“ If, therefore, the facts established, and the conclusions which they reasonably justify, do not disclose a valid cause of action against the defendant, the judgment must be affirmed; otherwise reversed.
It must be conceded that the claim of Merrick and Durant to be entitled, under their contract, to receive for their services an amount equal to 20 per cent. of the bonds and coupons, and their proceeds, recovered by the defendant in England, finds strong support in the facts which the evidence, as we are informed by the bill of exceptions, tended to establish ”