Opinion
No. 30,620.
November 29, 1935.
Attorney and client — action for attorney's fees and expenses — employment — evidence.
Finding of fact held sustained by evidence.
Action in the district court for Hennepin county to recover for services rendered by plaintiff as an attorney and for certain expenses incurred. The court, Levi M. Hall, Judge, made findings adverse to plaintiff, and he appealed from an order denying his motion for a new trial. Affirmed.
O'Brien Quinlivan, for appellant.
Meshbesher Anderson, for respondents.
Plaintiff is a member of the bar suing for expenses and the reasonable value of professional services. Encountering an adverse decision below, the trial being without a jury, he appeals from the order denying his alternative motion for amended findings of fact and conclusions of law or a new trial.
Our examination of the record, aided by argument of counsel, has rendered inescapable the conclusion that the determinative finding, which negatives any employment of plaintiff by defendants Blindman and Flour City Box and Crating Manufacturing Company, is sustained by the evidence. Defendants Supornick and Segal apparently were not served and have not appeared in the action.
Plaintiff was employed, if at all, by Blindman representing the manufacturing company. Blindman's testimony is unequivocal denial of any employment. If the claim is that plaintiff was employed by Segal, who admittedly was the attorney for the manufacturing company, there is no proof that Segal had authority to employ plaintiff. Mr. Segal was a witness for plaintiff. His testimony makes no mention of anything in the way of an effort on his part to retain plaintiff.
The order is affirmed.