Thayer v. Harbican

Citations

• 70 Wash. 278
• 126 P. 625
• 1912 Wash. LEXIS 1044

Syllabus

<p>Attorney and Client — Contract of Employment — -Meeting of Minds — Recovery on Quantum Meruit. Where duplicate copies of a contract employing an attorney do not correspond as to the amount of compensation, one containing an interlineation, which was not specially called to the attention of the signers, and it is admitted that both copies were signed by the parties, in the absence of evidence of any meeting of the minds upon the disputed clause, there can be no recovery on the contract upon the point in issue, and the attorney performing the service is entitled to recover only upon quantum meruit.</p> <p>Pleadings — Amendments to Conform to Proof. Upon failure of proof as to the terms of a contract of employment, the complaint should be deemed amended to conform to proof of quantum meruit for the services performed.</p> <p>Mortgages — Foreclosure—Attorney’s Fees — Reasonableness— Estoppel. Under Rem. & Bal. Code, § 475, limiting .the amount which a mortgagee may collect as an attorney’s fee to a reasonable sum, the mortgagee, on collecting a fee, is estopped to assert as against his attorney, that the sum collected was unreasonable.</p> <p>Accord and Satisfaction — Check in Full Payment'. A check given in full but retained with notice to the drawer that it would be applied on account only, does not constitute an accord and satisfaction, where there could be no Iona fide dispute between the parties as to the sum that was due.</p>