Farwell v. Colman

Citations

• 35 Wash. 308
• 77 P. 379
• 1904 Wash. LEXIS 451

Syllabus

<p>Attorney and Client •— Contract for Services — Abandonment — Failure to Prosecute Action — Termination oe Employment. In an action to recover for services performed by an attorney under a special agreement to receive seven per cent of the amount recovered for the defendant upon the final judgment in a condemnation proceeding instituted by a railroad company, in which it appears that a judgment for the defendant for $9,500 was reversed by the supreme court for error, and a new trial ordered, and that the defendant repeatedly requested the attorney to proceed with the case, but he failed to do so for over ten years, giving as a reason that owing to the hard times the company would abandon the suit if pressed, and that he would thereby lose his fee, such refusal was a termination of the employment, justifying the defendant in making any settlement with the railroad company, and warranting a finding that nothing was due the attorney under the terms of his special contract of employment.</p>