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Fayette Missi Jan 18th 1860
M. A. Banks Esq
Dear Sir:
Yours of Decr 2nd has been forwarded to me from Monticello.
I brought the suit against Floyd. You desired to file a bill for specific performance after an examination of the authorities, I decided against it. You then consulted with Harper and he sustained my opinion. After a thorough investigation, for it was a doubtful question, I arrived at the conclusion that you could sustain an action for damages, and brought the writ. I remember the declaration well, for it cost me a considerable amount of labor, for it was lengthy & difficult to draw. When I went to Smith court, you told me to speak and N. & C. to assist me. I did so & stated the case to them. They did nothing in the matter, except probably a consultation. I have no recollection of remitting my fee. You told me to dismiss the suit, if the admit would pay the cost and assigned as the reason that the money would come from the widow & children or something to this effect. But if your recollection is, that I remitted the fee, I acquiesce, but I assure you that that case cost me several days labor, partly because I was inexperienced, no doubt, but it was then a new question. It has since been settled by the High Court. See George R. I.
The fee is the Cox case will not pay me for my actual trouble. The claim was doubtful, disputed, & was litigated. It was represented by
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