Volume 10 — Washington Appellate Reports

<bold>[1] Contracts — Implied Contract — Personal Services — Proof.</bold> A claim against an estate for services rendered the deceased during his lifetime is established by showing an express or implied contract to pay for such services by clear, cogent, and convincing evidence, <italic>i.e.,</italic> evidence showing the existence of the agreement to be highly probable. <bold>[2] Contracts — Implied Contract — Personal Services —</bold> <bold>Elements.</bold> An implied promise to pay arises when one person requests another to perform a service which benefits him or when there is a lack of mutuality of benefits received by two parties. <bold>[3] Contracts — Implied Contract — Personal Services —</bold> <bold>Unexpressed Intention of Parties.</bold> Expectancy of payment, when rendering personal services, is material to the issue of an implied contract to pay for the services; admission of evidence of such an expectancy is not an abuse of discretion even though the intention was not expressed or objectively manifested. <bold>[4] Witnesses — Competency — Deadman's Statute — Work Performed</bold> <bold>for Decedent.</bold> A witness' testimony may imply an agreement with a deceased, without violating the deadman's statute (RCW <cross_reference>5.60.030</cross_reference>), so long as the testimony relates solely to the acts of the witness, and not to a transaction with the deceased. [See Ann. 155 A.L.R. 961; 58 Am. Jur., Witnesses (1st ed. § 242).] <bold>[5] Limitation of Actions — Continuous Service Contracts —</bold> <bold>Termination.</bold> The statute of limitations on an amount owing under a continuous service contract, <italic>i.e.,</italic> a contract which does not fix a certain time for payment or for the termination of the services, does not begin to run until such contract is terminated. <bold>[6] Damages — Excessive Damages — Review — Range of Evidence.</bold> An award of damages which is well within the range of the evidence which was presented at trial will not be disturbed on appeal as being excessive.

<bold>[1] Eminent Domain — Compensation — Attorneys' Fees — Nature of</bold> <bold>Right.</bold> A condemnee has no right to recover for attorneys' fees except as may be provided by statute. The right to, and the amount of, recovery is governed by statutory provisions in effect at the termination of the action, there being no vesting of rights under statutes prior to that time unless a contrary intent clearly appears from the statute. <bold>[2] Statutes — Construction — In General.</bold> The primary objective in construing statutes is to determine legislative intent. A statute will be construed to be purposeful and effective if possible. <bold>[3] Eminent Domain — Compensation — Attorneys' Fees — Statutory</bold> <bold>Provisions.</bold><page_number>Page 607</page_number> RCW <cross_reference>8.25.070</cross_reference>, which establishes certain minimum bar fee schedules as the maximum amount that a condemnee may recover for attorneys' fees, does not permit a trial judge to allow fees based on other criteria even though the condemnee is actually charged attorneys' fees in excess of the minimum schedule. [See Ann. 143 A.L.R. 672, 824, 56 A.L.R.2d 13, 191; 27 Am.Jur.2d, Eminent Domain § 476.]