California, United States of America
The following excerpt is from Mahoney v. Sharff, 12 Cal.Rptr. 515, 191 Cal.App.2d 191 (Cal. App. 1961):
In Hollingsworth v. Lewis, 1928, 93 Cal.App. 526, 269 P. 709, 710, the court determined that as interest to be recovered on 'refunds' was not expressly mentioned in the attorney's fees contract, the attorney was not entitled to a percentage of the interest obtained for the client. '[I]t will be noted that the plaintiff undertook the burden of securing 'refunds on such shipments,' and that the defendants undertook to pay the plaintiff '50 per cent. of the refunds so secured.' In very short, we are asked to determine the length and breadth of the meaning of the word 'refunds' as used in the contract executed by the parties. As to whether that word included both freight moneys and interest on freight moneys, or merely included freight moneys, is slightly ambiguous. As the contract was
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