Felton v. Finley

209 P. 2d 899 (1949)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Seigle Finley and William Finley two of the three surviving nephews of Seigle Coleman, who died testate December 4, 1943, employed P to contest the deceased Coleman's will, which was successfully done. P told Ds that he would accept the employment only on condition that the other nephew and brother, Orval Finley, and the three sisters, Ida Davis, Nan Holder, and Rose Finley Nichles (Ds), likewise employ P as their attorney and that all six of the heirs participate in the contest. P requested Seigle and William to contact their brother and sisters and secure signed contracts of employment similar to the ones which signed by Seigle and William; namely, on a 50% contingent basis. Ds never replied. Orval and the nieces refused to join the contest. P won the contest in that the devises to property for charitable purposes were null and void. The property was then distributed to the heirs who were the nieces and nephews. Ds refused to accept P’s checks made out to Ds and P as they had never employed P. P sued on an implied contract. The court awarded judgment to P and Ds appealed.