268 HIGH COURT OF CHANCERY.

marked B, and signed on the 2d September, 1846, by the
counsel, and Gorman and Riddle. 'The counsel for Putney
insists,that the trustee's demand for commissions must be lim-
ited to'the sum of $100, as-provided in the contract of the 31st
January, 1845, and signed by the counsel, and German and

"Riddle. It is true, that by that contract, the trustee did agree
to receive only the sum of $100, in the event of his being re-
quired by the government, to give his receipt for any moneys
"which might be recovered; but, it is equally true, that by the
subsequent contract of the 2d January, 1846, signed by two of
the counsel, and German and Green, the trustee, it was stipu-
lated, that the latter should receive a proper compensation out
of these moneys. By the agreement of 1845, which limits the
trustee's allowance for commissions to the $100, it is evident,
that he was to be merely passive; passing his receipt for the
money, if required to do so by the government, but making no
exertion to recover it; whilst by that of 1846, he engaged to
exert himself to secure the payment of the claim by the govern-
ment, and to prevent any difficulties which the creditors might
interpose, and hence the modification of the agreement, with
regard to commissions.

So far as German and Riddle are concerned, they being
parties to the paper marked B, the allowance to the trustee of
these sums is not to be questioned. And, if Putney seeks to
avail himself of the agreement of January, 1845, to cut the
'trustee down to $100, he must also submit to be bound by that
of January, 1846, which stipulated, that the trustee should
receive a proper compensation for the services therein agreed
to be performed.

' Putney was no party to either of these contracts, and he can-
riot be permitted to liave the benefit of the one, without being
bound by the other. He must take both, or neither. And if
he repudiates both, the parties are thrown back upon the deed
of trust, bM839, under which the trustee'is in terras entitled to
a reasonable commission, and his expenses. ^; I think, there-
fore, that Green, the trustee, is to be allowed for these two

sums.