Cole v. Myers

• Decision Date: 22 July 1941
• Citation: 128 Conn. 223,21 A.2d 396
• Court: Connecticut Supreme Court
• Parties: COLE v. MYERS et al.

21 A.2d 396

128 Conn. 223

COLE

v. MYERS et al.

Supreme Court of Errors of Connecticut.

July 22, 1941.

Appeal from Superior Court, Hartford County; Wynne, Judge.

Action by Morton E. Cole against Max Myers and others to recover a fee for legal sevices, brought to the superior court and tried to the jury. From a judgment on verdict for plaintiff against the defendant the Linden Corporation, only, the corporation appeals.

Error and new trial ordered.

Argued before MALTBIE, C. J, and AVERY, BROWN, JENNINGS, and ELLS, JJ.

Samuel H. Platcow, of New Haven, for appellant (defendant Linden Corporation).

Edward W. Broder, of Hartford, for appellee (plaintiff).

ELLS, Judge.

The plaintiff brought this action against Myers and Gross, who were officers and directors of the Linden Company, and against the corporation, to recover attorney's fees alleged to have been earned under express contracts of employment. The Linden Company owned real estate in Hartford, and previous to the plaintiff's employment had appealed from a city tax assessment on the list of 1932. The complaint in the present action alleges that the plaintiff was employed by Myers and Gross to take such proceedings as he deemed advisable in the prosecution, advancement or settlement of the pending appeal and "also to take appeals on the assessments for the years 1933 and 1934"; and that they agreed to pay him a fee equal to one third of any saving of taxes obtained by a reduction of such assessments, plus necessary expenses; and that the "defendants" likewise employed him on the same fee basis to obtain a reduction in the assessment for the year 1935. He further alleges that he brought these additional actions and that when all were reached for trial the presiding judge called a conference and endeavored to settle the cases, that a reduction of $110,000 was arrived at subject to the approval of the defendants, and that thereafter the plaintiff was discharged and the defendants refused to pay him the contingent fees and expenses based upon a $110,000 reduction.

During the trial the plaintiff withdrew his claim against Myers and Gross. The jury rendered a verdict against the Linden Company for the full amount claimed, and answered interrogatories, finding that there were express contracts whereby that defendant employed the plaintiff as its attorney to obtain a reduction in tax assessments on the lists of 1932, 1933, 1934 and 1935, and agreed to pay one-third of the total amount of the saving in taxes plus expenses; and that the plaintiff did, on June 2, 1936, obtain a legal offer from the City of Hartford to reduce the assessments to the extent of $110,000. The defendant appealed from a denial of a motion to set the verdict aside, and from the judgment.

The complaint is inartificially drawn, and it is doubtful whether it states a cause of action against the corporation on such of the contracts as it alleges were made by Myers and Gross alone, but waiving this, the first question is whether the evidence reasonably supports the jury's finding, implicit in its verdict, that the defendant agreed to pay the plaintiff one third of the savings in taxes obtained through the 1933, 1934 and 1935 appeals. The evidence plainly supports the claim as to the terms of the employment concerning the pending 1932 appeal, but as to the others it is only to the effect that after such employment, on three occasions, by telephone and casual street conversations, the plaintiff suggested that appeals be taken on the later lists and that Myers and Gross said "Go ahead and take care of them." There is no evidence of any specific agreement as to fees. The plaintiff claims the jury could and did draw an inference that the fees were to be the same as in the original employment. We cannot say it was an inference which the jury could not reasonably have drawn from the evidence.

The defendant's principal contention is that the evidence does not support the claim that the plaintiff performed his part of the contract and obtained a legal offer from the city of Hartford to reduce each assessment to the extent of $110,000, or that such settlement was "arrived at." The supporting testimony is that when the appeals were reached for trial on June 2,

1936, the presiding judge called a conference in his chambers, negotiations ensued, the judge suggested a reduction of $110,000, and the assistant corporation counsel offered such reduction. The plaintiff questioned the assistant corporation counsel's authority to make this offer, on the ground that Mr. Kinsella, chairman of the board of assessors had stated that he would not agree to a reduction in excess of $70,000, whereupon the assistant corporation counsel replied: "The corporation counsel's office is handling this case and is responsible for it and Mr. Kinsella cannot tell us how to run the corporation counsel's office." The plaintiff reported the proposed offer to Myers and Gross and advised them not to accept it, but told them it was for them to decide. They followed his advice, and the plaintiff then told the court and counsel for the city that the offer had been rejected. He was subsequently discharged as attorney, new counsel were engaged and the cases were later settled by them on the basis of a $75,000 reduction.

The jury could not reasonably have found that the plaintiff effected or obtained a reduction of $110,000 in the assessments. He obtained a proposition which was a conditional offer of a reduction. The rule is almost universal that an attorney who is clothed with no other authority than that arising from his employment in that capacity has no implied powers by virtue of his general retainer to compromise and settle his client's claim or cause of action, except in certain conditions of emergency. Either precedent special authority from the client or subsequent ratification by him is essential in order that a compromise or settlement by an attorney shall be binding on his client. 5...