Warburton v. Tacoma School District No. 10

(dissenting)—I dissent from the court’s decision for the following reasons:

Appellant, individually and as secretary of the Pierce County Taxation Bureau, brought suit against the school district to enjoin the payment of an alleged compromise of additional compensation for architectural services, in which action the architect intervened. From a judgment of dismissal, plaintiff Warburton appeals and claims there was no consideration to uphold the agreement of compromise and settlement.

By written contract, respondent Johnston, the architect, agreed to plan the construction of an addition to an…