Faben v. Muir

Citations

• 77 Wash. 460
• 137 P. 1042
• 1914 Wash. LEXIS 925

Syllabus

<p>Actions — Nature—Law or Equity — Jury—Right to Jury Trial. An action to recover on account for attorney’s services, in which the answer called for an accounting and credit for various sums of money received, is properly tried to a jury as an action at law, where the dominant issue presented, both by the pleadings and evidence, was whether or not a definite contract of employment fixed the amount plaintiff was to receive, or whether he was entitled to recover on a quantum meruit; the exact amount of money received and the credits to the defendant being conceded.</p> <p>Appeal — Decision—Law of Case — New Trial — Sufficiency of Evidence. Where a new trial was granted to defendant because of insufficiency of the evidence to sustain a verdict for the plaintiff, and the order was affirmed on appeal, and upon a retrial upon the same evidence, which was conflicting, a verdict was rendered for defendant, a new trial cannot be granted for insufficiency of the evidence; since the question of the sufficiency of the evidence is foreclosed.</p>