Hill v. Sawyer

• Decision Date: 27 May 1895
• Parties: HILL v. SAWYER ET AL.
• Court: Washington Supreme Court

40 P. 414

12 Wash. 658

HILL v. SAWYER ET AL.

Supreme Court of Washington

May 27, 1895

Appeal from superior court, Pierce county; John C. Stallcup, Judge.

Action by J. E. R. Hill against Ernest L. Sawyer and others. From a judgment denying part of plaintiff's claim, he appeals. Reversed.

George H. Walker and Walker & Fitch, for appellant.

Walter Christian and Murray & Christian, for respondents.

HOYT, C.J.

This case, both as to the motion to dismiss and upon the merits, presents the same questions just decided in the case of Watson v. Sawyer, 40 P. 413, and for the reasons therein stated the judgment and decree will be reversed, and the cause remanded, with instructions to include the $275 agreed in that case to be paid for negotiating the loan, in the decree, and to make the attorney's fee provided for in the mortgage a lien upon the property.

ANDERS, SCOTT, and GORDON, JJ., concur. DUNBAR, J., concurs in the result.