Page:Federal Reporter, 1st Series, Volume 2.djvu/287

 S80 FEDERAL REPORTER. �against Howe & Higbee, The Higbee Company et al. No. 5 was Sutherland's receipfc for $2,000 from Straw, ou ac- count of settlement of suits against Albert W. Chapin, and No. 6 was an agreement by Sutherland to act as an attorney for Straw in these matters so assigned, and other matters relative to the Monson slate quarries, without other charges than bis traveling expenses, and 6 per cent, commission on the net proceeds, which may be received by Straw for the in- terest this day transferred to him in case he was personally instrumental in disposing of said interests. �Straw, on his part, made and executed an obligation to Sutherland to pay him not exceeding $4,400, as he should receive it, over and above $5,000 out of the suits and elaims assigned by Sutherland, to be paid within 30 days after the money is received, but not to exceed the $4,400 and the 5 per cent, commission as agreed in No. 6 ; and the performance of this agreement was secured by a bond of Straw to Suther- land in the penalty of $8,000, on condition that Straw shall well and truly carry out his agreements without collusion with * * and John Y. Fichett et al., to defeat the pay- ment of said $4,400 upon the sale of certain quarries, etc. �The attorneys of Straw on his behalf now corne and move that a decree be entered in the cause here pending, and that the bill be dismissed without costs to either party. The complainant on his part consents to the above entry, with the addition of the words " without prejudice, " and if declined moves that the respondents be required to answer the bill, and upon these motions the cause has now been heard. The counsel of the complainant contends that the arrangements and contracts of December 26th, above recited, were obtained by fraud, and are not binding upon him, but are utterly nuU and void. The complainant, however, has not made affidavit to any facts or circumstances whatever to establish the charges of his counsel, and in fact has utterly omitted to present for the consideration of the court any affidavit in his bwn behalf, but has filed the affidavit of one John Y. Fichett, one of the parties named in the bond of Straw to the complain- ����