Coffin v. Coke

Headnote

Agent—compensation of— action for against a State. ■

Appeal from an order denying a motion for an injunction and receiver, in an action brought to recover compensation for services alleged to have been rendered by the plaintiff as agent, and to have the amount due him determined and paid to him. The plaintiff was employed to negotiate the sale of certain Texas State bonds, under an agreement by which his compensation for all services and expenses was to be a percentage not to exceed two per cent of the proceeds of the bonds sold, and that the State of Texas should in no event be responsible for more than two per cent of the proceeds of the bonds sold. He never sold any bonds, and the agency was, before the commencement of this action, taken out of his hands. The court was of opinion that the plaintiff was concluded by the agreement, and could only recover in case of a sale by him. The court did not consider the question of its jurisdiction of an action brought against the State of Texas.