Roche v. Madar

Citations

• 104 Wash. 21
• 175 P. 314
• 1918 Wash. LEXIS 1136

Syllabus

<p>Attorney and Client (35, 44) — Compensation—Employment— Evidence — Sufficiency. A reinstatement or reemployment of attorneys is sufficiently shown by evidence of the attorneys to that effect, corroborated by disinterested witnesses and the records, as against the testimony alone of one of the parties.</p> <p>Same (38) — Compensation — Value of Services. Services of attorneys are not inconsequential and trivial, where pleadings were filed, the causes extensively briefed, and defaults set aside, requiring several trips to another state.</p> <p>Pleading (183) — Variance—Extent in Action on Contract. In an action for services by attorneys under a complaint alleging the employment and performance until wrongfully discharged, it is not a fatal variance to prove the employment, a voluntary withdrawal, and a subsequent reemployment and performance thereunder until wrongfully discharged.</p> <p>Specific Performance (2) — Mutuality of Remedies — Executed Contract. Specific performance of a contract employing attorneys agreeing to pay by transferring corporate stock cannot be denied on the ground of want of mutuality of remedies, or right to specific performance against the attorneys, where the contract had been fully performed upon their part.</p> <p>Same (1) — Existence of Other Remedy. A contract employing attorneys for a specific fee — a certain number of shares of corporate stock — may be specifically enforced, without relegating the attorneys to their remedy in damages.</p> <p>Same (37) — Proceedings — Time to Sue and Laches. Laches, short of the statute of limitations, will not bar an action for specific performance, in the absence of any special reason why a shorter period should be enforced.</p> <p>Husband and Wife (61) — Community Property — Contracts by Husband. Where shares of corporate stock were community property, they were the proper subject of contract by the husband, contracting on behalf of the community in the employment of attorneys.</p> <p>Chadwick, C.