Powell v. Alaska Junk Co.

• Decision Date: 11 July 1922
• Docket Number: 16845.
• Citation: 120 Wash. 684,207 P. 951
• Court: Washington Supreme Court
• Parties: POWELL v. ALASKA JUNK CO.

207 P. 951

120 Wash. 684

POWELL v. ALASKA JUNK CO.

No. 16845.

Supreme Court of Washington

July 11, 1922

Department 2.

Appeal from Superior Court, Spokane County; Hugo E. Oswald, Judge.

Action by Ed B. Powell against the Alaska Junk Company. From a refusal to enter judgment for defendant, notwithstanding a verdict for plaintiff, defendant appeals. Affirmed.

Charles A. Reynolds, of Seattle, and Charles P. Lund, of Spokane, for appellant.

F. M O'Leary, of Spokane, for respondent.

MAIN J.

The purpose of this action was to recover a sum claimed to be due as attorney's fees. The cause was tried to the court and a jury and resulted in a verdict in favor of the plaintiff. Motion for judgment notwithstanding the verdict being made and overruled, judgment was entered, and the defendant appeals.

The appellant is a corporation engaged in the junk business both at Seattle and Spokane. The respondent is an attorney at law located at Spokane, and brought this action to recover for services for which he had not been paid. Prior to the year 1918 Bernard Kahn and Isador E. Faulk, as copartners, under the firm made of Kahn & Faulk, had been engaged in the junk business in Spokane. Early in February of this year the respondent was employed by the firm to attend to all of its legal matters for the agreed compensation of $600 for that year, to wit, 1918. This contract did not cover services rendered in litigation in which the firm might be engaged, but for such services a reasonable fee was to be paid. Some time during the month of June, the Kahn and Faulk business at Spokane was consolidated with a like business in the city of Seattle, and the appellant corporation was formed for that purpose. After the corporation was formed Kahn and Faulk by bill of sale transferred the assets of the firm to the corporation, and gave a list of their creditors for the purpose of satisfying the bulk sales law (Rem. Code 1915, §§ 5296-5300), all of which were assumed by the corporation. The corporation began business on July 1, 1918; it having been organized some time during the previous month of June. After the corporation was organized one Frank Swartz was made prosident thereof and Kahn treasurer, the latter moving to Seattle, but being the manager of the Spokane branch. After the corporation was organized the respondent continued to act as attorney for the corporation just as he had for the partnership prior to that time. He claims, and there was evidence to sustain this contention, that after the corporation was organized he was authorized by Kahn to continue to serve the corporation the same as he had the partnership. There is also evidence that Swartz, the president of the corporation, knew of the employment and acquiesced in it. At least there was direct evidence that in October Swartz in a...