Pierce

Reversal is sought of a judgment dismissing an action brought by appellant to recover damages arising out of breach of contract and negligence in the performance of appellee’s duties as an attorney.

The amended complaint alleges that on December 22, 1928, one Walter V. Pierce died testate in California, and that H. A. Pierce, H. P. Pierce, C. C. Pierce, and O. H. Pierce were heirs and devisees of deceased, each being entitled to an undivided one-sixth interest in the estate; that in the early part of 1933, one Lenske, an attorney of Portland, Oregon, was engaged to represent the four heirs for the purpose of hastening distribution of the estate and obtaining the best possible distribution for each of such heirs; that Lenske, in June, 1933, engaged appellee as associate counsel, it being agreed between such attorneys: (a) that appellee would become associated with Lenske in representing the heirs above named until the heirs had obtained their shares; (b) that appellee would render all services which were necessary to properly represent the heirs; (c) that appellee would keep Lenske fully informed of all developments in the estate and to advise him of any important steps which…