Knight

Action upon an express contract to recover for services as attorney at law. At the close of plaintiff’s evidence the court gave judgment of nonsuit, from which plaintiff appeals.

It appears that an action was brought against defendant in the circuit court of the United States, at San Francisco, on January 21, 1886, by certain Chinamen who sued for damages alleged to have been suffered by reason of the destruction of their property by a mob in defendant city on February 27, 1885. These claims aggregated the sum of one hundred and thirty-two thousand eight hundred and twenty dollars. Defendant employed S. M. Buck, Esq., by ordinance of its council, to take charge of the suit. The ordinance recited the pendency of the action against the city and the necessity to retain counsel to defend it, and concluded as follows: “Therefore, it is ordered that S. M. Buck, Esq., be and he is hereby retained and authorized to act for the city of Eureka as its attorney in defense of said action; and he *193 is also authorized to retain and associate with himself in defense of said action some able attorney and counselor residing in San Francisco, California, if, in his judgment, it becomes…