Sessions v. Warwick

Citations

• 46 Wash. 165
• 89 P. 482
• 1907 Wash. LEXIS 581

Syllabus

<p>Attobnev and Client — Action fob Compensation — Pleading and Proof. In an action to recover attorney’s fees by an attorney wbo had been discharged, evidence on the part of the defendant that plaintiff did not attend to the taking of certain depositions is inadmissible under an answer alleging a discharge on account of plaintiff’s improper conduct in having instigated the case, and where it did not appear that the depositions were necessary.</p> <p>Same — Discharge—Trial—Direction of Verdict. In an action by an attorney to recover on an entire contract for the payment of $1,000 for services to be rendered in another suit, the jury is properly discharged and judgment rendered for the plaintiff, where the defendant’s evidence admits the contract and the balance due, and there was no evidence of any defense to go to the jury; it appearing that the only ground alleged in the answer for discharging the plaintiff was known to the defendant before employing the plaintiff.</p>