Felton v. Finley

After Seigle Coleman's will left most of his estate to charity, his nephews Seigle and W.E. Finley hired attorney Felton (plaintiff) on a 50% contingency to contest the will, on the condition that another nephew, Orval Finley, and Coleman's nieces (defendants) also join and retain Felton. Orval and the nieces refused to participate or sign any agreement with Felton, despite repeated efforts to bring them in. The will contest succeeded anyway, voiding the charitable bequests and passing the residue to all the heirs, including Orval and the nieces, who accepted their inherited shares but refused to pay Felton his contingency fee. Felton sued them on an implied-contract theory and won at trial; on appeal, an initial opinion affirmed for Felton, but on rehearing the court reversed.