Kelsey v. Mackay

Citations

• 65 Wash. 116
• 117 P. 714
• 1911 Wash. LEXIS 901

Syllabus

<p>Attorney and Client — Employment—Contract — Mutual Mistake. An attorney cannot recover on a contract of employment wherein it was agreed that he would conduct a contest of a certain homestead claim for the sum of $600, to be paid on the successful termination of the contest, and that the client was to have sixty days within which to have the land cruised ’by a certain cruiser, and if the cruise did not show at least ten million feet of timber on the land, the employment was to be discontinued, where the client rescinded the contract two days after it was executed and it appeared that there was no timber on the land, although no' cruise was made; since there was a mutual mistake as to the supposed subject-matter of the contract, which in fact had no existence.</p>