High v. Emerson

Citations

• 23 Wash. 103
• 62 P. 455
• 1900 Wash. LEXIS 348

Syllabus

<p>ATTORNEY AND CLIENT-SATISFACTION OF JUDSMENT — AUTHORITY OF ATTORNEY.</p> <p>Where an attorney has been authorized to compromise and settle an action after the rendition of judgment in replevin in favor of his client for the return of $500 worth of personal property, or its value, together with an award of damages in the sum of $150, his action in accepting the property, with the exception of about $25 worth thereof, and his settlement of the claim for $150 damages by receiving $85 in cash and procuring the cancellation by defendant of a claim against himself for $55, must be held to constitute a valid settlement, when, in addition to the regular attorney fee charged by him, there was an agreement on the part of his client that he should have half of the damages recovered, and no part of his fee had been paid.</p> <p>REPLEVIN-RETURN OF PERSONAL PROPERTY — WHAT CONSTITUTES DELIVERY.</p> <p>Where property whose return has been awarded to plaintiff in an action of replevin is in the hands of a tenant of defendant, and defendant agrees with plaintiff’s attorney to surrender possession and so informs his tenant, who thereupon enters into a written agreement with plaintiff’s attorney to retain the goods for a stated period and then box and ship them to plaintiff, there is such a delivery of the property to plaintiff, although she fails to receive them by reason of seizure under legal process, as to authorize her attorney to enter a satisfaction of the judgment in replevin against defendant.</p>