Commercial Union Insurance v. Scott

Felton, Chief Judge.

Although the plaintiff designated his action as one for “money had and received,” testified that the basis of his action was unjust enrichment, and objected to the defendant’s referring to the action as a “suit for attorney’s fees,” admitting that he was never the attorney for the defendant, the evidence as a whole shows that the amount sought was, indeed, an attorney’s fee. The plaintiff himself must have realized this, since he not only acknowledged the money as his attorney’s fee several times in his testimony, but also specifically designated it as such in the bill he…