Smith v. Howery

Clinton and Jacqueline Howery (Howerys) appeal the May 14, 1984, order of the Fifth Judicial District Court granting respondent attorneys, Kendrick Smith, Max Hansen and W.G. Gilbert Jr.’s motion for summary judgment. We affirm the order granting summary judgment.

In February of 1979, the State of Montana filed an action in Beaverhead County seeking to condemn .76 of an acre of Howerys’ land for highway purposes. The State and Howerys were unable to agree on compensation. The Howerys therefore hired the respondents to represent them in the condemnation action.

The written retainer agreement…