Mary Jane Schmidt, as Trustee of the Revocable Living Trust of Harry J. Hoenselaar v. C. Vincent Zazzara and John H. Kirk, Jr.

Zazzara and Kirk appeal from an order awarding certain attorney’s fees to Mary Jane Schmidt. We affirm.

Schmidt brought a patent infringement action in the district court against Zazzara, Kirk, and various other parties. Two weeks before the scheduled trial date, which was December 17,1974, Zazzara and Kirk initiated extensive settlement negotiations with counsel for Schmidt. Kirk is an attorney, and purported to act for all defendants, for whom he was attorney of record. On December 10, an “Agreement for Settlement of Lawsuit and Mutual General Release” was signed by Kirk as counsel for all defendants and by counsel for plaintiff. Zazzara, as a party in interest, was also supposed to sign the agreement that day, but he failed to appear. The next day counsel for Schmidt was informed that Zazzara had retained a special patent attorney and refused to sign the agreement. Kirk then sought a 60-day continuance of trial, and, when that was denied, informed Schmidt’s counsel that defendants were going to prepare for trial as scheduled on December 17. As a result, although believing the agreement to be valid and binding on all parties, Schmidt’s attorneys began intensive trial…