Donworth & Todd v. Benton County

• Decision Date: 14 August 1918
• Docket Number: 14738.
• Citation: Donworth & Todd v. Benton County, 174 P. 441, 103 Wash. 382 (Wash. 1918)
• Court: Washington Supreme Court
• Parties: DONWORTH & TODD v. BENTON COUNTY.

174 P. 441

103 Wash. 382

DONWORTH & TODD v. BENTON COUNTY.

No. 14738.

Supreme Court of Washington

August 14, 1918

Department 1. Appeal from Superior Court, Benton County; John Truax Judge.

Action by Donworth & Todd against Benton County. From judgment granting plaintiff insufficient relief, plaintiff appeals. Reversed, and cause remanded, with directions to enter judgment for plaintiffs for full amount of claim.

R. E Campbell, of Seattle, for appellant.

PARKER J.

Donworth & Todd are duly admitted to practice law in the courts of this state, and are engaged in the practice of their profession in Seattle as copartners. They seek recovery from Benton county of a balance of $2,000, claimed to be due for legal services rendered by them to that county in pursuance of a contract with its board of county commissioners. A hearing upon the merits in the superior court for that county resulted in a judgment awarding them only $500, from which they have appealed to this court, claiming error in so far as they are denied recovery for the full amount of their claim of $2,000.

In January, 1917, appellants duly entered into a written contract with the county, acting by its board of commissioners, which, so far as we need here notice its terms, reads:

'* * * The said County of Benton hereby employs the said firm of Donworth & Todd as special attorneys to appear for the said county of Benton and its hoard of county commissioners with C. W. Fristoe, prosecuting attorney of said Benton county, in the cases of H. A. Bier, Plaintiff, v James B. Clements et al., Defendants, now on appeal from the judgment of the superior court of Benton county, Wash., to the Supreme Court of the State of Washington, and H. A. Bier v. J. C. Syfford, Auditor of Benton County, Washington, et al., now pending in the superior court of Benton county, Wash., and to advise with and counsel the said county of Benton and its board of county commissioners relative to said litigation, and all matters pertaining thereto, and agree to pay said attorneys for such services a retainer of five hundred dollars ($500) in each of said cases, and such reasonable compensation in addition thereto as may be fixed by the judge of the superior court of Benton county, Wash., during such litigation, or at the termination thereof; and in consideration of such employment said attorneys agree to appear in said actions for the county of Benton and its board of county commissioners, with the prosecuting attorney of said county, and to advise with and counsel said county and its board of county commissioners relative to all matters pertaining thereto.'

This contract was duly approved by the judge of the superior court for that county as provided by section 3908, Rem. Code. Appellants received from the county the agreed retainers aggregating $1,000, and entered upon the services contemplated by the terms of the contract. After the completion of their services, which proved successful in protecting the county's interest in every respect as undertaken by them, they presented in due form to respondent's board of county commissioners their claim of $2,000, as the balance due for their services. The board thereupon adopted a resolution, which, omitting recitals referring to the litigation and appellant's employment contract,...