Whitham v. Hilton

Citations

• 78 Wash. 446
• 139 P. 209
• 1914 Wash. LEXIS 1121

Syllabus

<p>Attorney and Client — Employment—Evidence—Sueeiciency. In an action for services rendered in securing a settlement of pending proceedings to condemn defendant’s land, by a sale of the land1 to the school district seeking condemnation, the evidence establishes that plaintiff was employed as an attorney, and not as a real estate broker, where it appears that the defendant, a nonresident, sent his attorney in fact to this state to effect a settlement of the case by a sale, with- power to make a deed, and that he employed real estate agents to assist him, but was unsuccessful, and could obtain an offer of but $4,500 for three acres, whereupon he called upon the plaintiff, who was an attorney and not in the real estate business, and placed in plaintiff’s hands the papers in the condemnation suit, evidently with the purpose of preparing a defense or securing a favorable award, the plaintiff was referred to by the attorney in fact as his attorney, and through plaintiff’s efforts, a sale to the school district of two acres was effected for $7,250 and the condemnation proceeding dismissed.</p> <p>Principal and Agent — Apparent Authority — Employment oe Attorney. An attorney in fact, sent to this state to settle pending proceedings to condemn the land of a nonresident defendant, had apparent authority to employ an attorney to defend the case and assist in the settlement, where it appears that defendant attempted to agree upon a purchase price before the condemnation proceedings, without success, and after suit, executed tlie power of attorney authorizing the agent to mate a deed, placed the papers in the condemnation proceedings in his hands, and sent him to this state evidently for the purpose of selling the land' or procuring a favorable award.</p> <p>Attorney and Client — Action eor Services — Reasonable Fee. Where an attorney procured a sale of two acres of land for $7,250 in settlement of condemnation proceedings, after his client, with the assistance of real estate a