Kendrick

It is hard to conceive of a case wherein the rule that if a substantial conflict exists in the evidence, the findings of the trial court will not be disturbed, applies more directly than in the one at bar. [1] The principal question to be determined is, Was plaintiff employed as defendant’s attorney or for the defendant in his capacity as executor? The parties do not agree in their versions of what was said at the time the contract of employment was made, but for the purpose of this appeal, the evidence given by plaintiff must be deemed to be true. He testified: “Gould, the defendant, and James H. Blanchard came into my office about the date I have mentioned, and after the usual greeting Gould says, ‘We want you to help us,’ or ‘We want your services in the contest that has been filed in the estate of Samuel F. Baber, deceased, ’ and I replied ‘All right,’ or words to that effect. I said, ‘All right.’ . . . After the conversation had proceeded and just before they left the office Gould said, ‘How about attorney’s fees?’ or ‘What do you expect?’ or words to that effect; and I said, ‘Well, I only want a reasonable fee, and you and Blanchard are both lawyers; I would be willing to…