Fivey v. Chambers

In this action brought by an attorney’s assignee to recover for legal services rendered and costs disbursed pursuant to a contingent fee contract, defendant appeals from a judgment, after a nonjury trial, in favor of plaintiff in the sum of $2,582.01, representing the total of $2,166.66 as an attorney fee and $415.35 as costs.

The complaint is in two counts: the first, on the written contingent fee contract involved, and the second, in quantum meruit. Both counts are on the same transaction and for the same amount of money. The defendant in his answer admits entering into the fee contract but…