53 Wn.2d 829, HERMAN HOWE, Respondent, v. PAUL C. HELMICK et al., Appellants

[No. 34769. Department Two.      Supreme Court      February 19, 1959.]

HERMAN HOWE, Respondent, v. PAUL C. HELMICK et al., Appellants.1

Appeal from a judgment of the superior court for King county, No. 501416, Birdseye, J., entered April 24, 1958, upon the verdict of a jury rendered in favor of the plaintiff, in an action for attorney's fees. Affirmed.

Skeel, McKelvy, Henke, Evenson & Uhlmann and Stanley J. Mitchell, for appellants.

Michael K. Copass, Lycette, Diamond & Sylvester and Lyle L. Iversen, for respondent.

PER CURIAM. -

The plaintiff brought this action for attorney fees. The defendants called for a jury. They have appealed from the judgment entered on the jury's verdict.

Their single assignment of error is that the trial court erred in denying their motion for judgment notwithstanding the verdict. No exceptions were taken to the instructions. The evidence is in conflict.

We are able to say that the record supports the verdict, and, accordingly, the judgment is affirmed.

1 Reported in 335 P. (2d) 598.