Parker v. Esch

Citations

• 5 Wash. 296
• 31 P. 754
• 1892 Wash. LEXIS 55

Syllabus

<p>APPEAL—STATEMENT OP PACTS — ATTORNEY AND CLIENT—RETENTION OP CLIENT’S PROPERTY —ACTION TO RECOVER — SPECIAL CONTRACT POR COMPENSATION — BURDEN OP PROOP.</p> <p>A statement of facts will not be stricken from the record on the ground that it does not contain all the facts, when the respondent had due notice of the intention to settle the statement of facts by setting out the testimony of a certain witness in full, ancl then saying that the testimony of other witnesses was substantially the same, and no objection thereto was made by him at the time of settlement.</p> <p>Where money and notes secured by mortgage have been received by an attorney in settlement of a client’s claim, one of the notes being made payable to the attorney, the whole property so received belongs, in the absence of some special agreement, to the client; and the client may intervene in a foreclosure suit brought by the attorney and secure a decree that the mortgage be foreclosed for her use and benefit.</p> <p>In an action by a client to recover from an attorney a portion of the proceeds of a collection, which the attorney retained under an alleged contract that he was to have half of what was collected, the burden of proof is upon the attorney to establish the contract, and where the only evidence to support the contract is that of the attorney, which is directly contradicted by that of the client, whose testimony is confirmed by that of two other witnesses, the fair preponderance of the testimony is in the client’s favor.</p>