Boardman v. Christin

FINLAYSON, P. J.

This is an action 'by an attorney at law to recover compensation for services alleged to have been rendered by him under a contract with the defendant Estelle C. Christin, whose husband, C. A. Christin, is made a party defendant solely because, as the law stood when the action was commenced, the husband was required to be joined with the wife. Judgment passed for plaintiff and defendants appeal. The grounds of the appeal are that Mrs. Christin’s promise to pay plaintiff is not supported by any consideration, and that plaintiff failed to perform the obligation of his contract.

The facts in brief are these: Mrs. Christin,

née

Estelle C. Porter, is the sister of Benjamin F. Porter, of whose estate plaintiff was the guardian when Mrs. Christin executed the contract in question. Plaintiff’s appointment was made some time prior to February 16, 1912, and he continued to be such guardian until the ward attained his majority on September 24, 1916. Mrs. Christin and her brother each

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own a parcel of land in the Rancho ex-Mission de San Fernando in Los Angeles County. The two parcels adjoin each other and each is contiguous to the right of way of the Southern Pacific Railroad Company. On February 16, 1912, the court in which the guardianship proceeding was pending made an order authorizing and directing plaintiff, as guardian of the estate of Benjamin F. Porter, to commence and prosecute such action as might be necessary to determine the right of the Southern Pacific Railroad Company and its successors to appropriate or use waters from the ciénegas or springs on the Rancho ex-Mission de San Fernando. The order directed the guardian to procure a judgment establishing the amount of water which the railroad company and its successors were entitled to take, and to secure a final adjudication of the respective rights of the minor and of the Southern Pacific Railroad Company or its successors in and to the waters. Mrs. Christin, as the owner of the piece of land contiguous to the parcel owned by her brother, was interested in securing the entry of such judgment.

On June 5, 1912, Mrs. Christin, then Estelle C. Porter, executed the instrument whereby she promised to pay respondent. That document, so far as pertinent, reads: ‘ ‘ Whereas, Louis P. Boardman, as the guardian of the estate of Benjamin F. Porter, a minor, has been authorized and directed by an order of the Superior Court of the County of Los Angeles ... to commence and prosecute to final judgment an action in a court of proper jurisdiction to finally determine the right of the Southern Pacific Railroad Company, its successors or assigns, to use or appropriate any of the waters from the ciénegas or springs on the Rancho ex-Mission de San Fernando . . . ; and whereas, as an owner of lands contiguous to the lands of said minor, constituting his said estate, and adjacent to the right of way of said Southern Pacific Railroad Company, I am interested with said minor in procuring a judgment determining the rights aforesaid, I do hereby agree to pay the said Louis P. Boardman, as attorney at law in the prosecution of said action on behalf of said minor, on account of attorney’s fees and expenses of said action, a sum of money equivalent to the amount which shall be allowed to said Louis P. Boardman by the said superior court of the county of Los