Jamison v. Ranck

• Decision Date: 10 January 1911
• Citation: 129 N.W. 325,150 Iowa 5
• Parties: JAMISON & SMYTH v. C. H. RANCK, Appellant, and THE CITY OF CEDAR RAPIDS, Defendant
• Court: Iowa Supreme Court

129 N.W. 325

150 Iowa 5

JAMISON & SMYTH v. C. H. RANCK, Appellant, and THE CITY OF CEDAR RAPIDS, Defendant

Supreme Court of Iowa, Des Moines

January 10, 1911

Appeal from Linn District Court.--HON. W. N. TREICHLER, Judge.

ACTION at law for the recovery of attorney's fees. Trial to a jury. Verdict and judgment for plaintiff, and defendants appeal.

Affirmed.

F. L Anderson, for appellants.

D. E Voris and Jamison, Smyth & Ham, for appellee.

OPINION

DEEMER, J.

Plaintiff is a partnership engaged in the practice of law in the city of Cedar Rapids. As such it performed certain legal services for the defendant Ranck, and it brought this action to recover compensation therefor, alleging that they were performed under an unsigned written contract, which, although not signed, was acted upon by the parties as if it had been. The written memorandum of agreement read in this wise: "This Memorandum of Agreement made this day of May, 1905, by and between C. H. Ranck of Cedar Rapids, Iowa, and Jamison & Smyth of Cedar Rapids, Iowa, is to show: That said C. H. Ranck has employed said Jamison & Smyth to prosecute in the District Court of Linn County, Iowa, an appeal from the award of a sheriff's jury the damages for the appropriation of fractional lot No. of the original Town of Kingston, now Cedar Rapids. That said Jamison & Smyth are to receive as compensation for said services the following: If said award of $ 7,500.00 is not increased the sum of $ 25.00 per day for services in preparation for trial and trial of said appeal. In case the said award is raised on the appeal above said $ 7,500.00 then said Jamison & Smyth are to receive five percent on the amount of said increase and the statutory allowance to be fixed by the court. In case the said five percent and statutory allowance fall below $ 250.00 then said Jamison & Smyth shall receive in addition thereto $ 25.00 per day for two days spent in preparation."

Plaintiffs appeared for defendant in the district court of Linn County and secured an increase of the award mentioned in the memorandum agreement from $ 7,500 to $ 11,000. Thereafter the city which instituted the condemnation proceedings appealed to this court, and plaintiffs represented Ranck on this appeal, and performed the necessary legal service in this court. The judgment of the district court was affirmed on that appeal. It is claimed that the services in this court were rendered at the...