Leader v. Vaughan

• Decision Date: 24 March 1925
• Docket Number: 6 Div. 698
• Citation: 20 Ala.App. 545,103 So. 718
• Parties: LEADER v. VAUGHAN.
• Court: Alabama Court of Appeals

103 So. 718

20 Ala.App. 545

LEADER v. VAUGHAN.

6 Div. 698

Court of Appeals of Alabama

March 24, 1925

Appeal from Circuit Court, Bessemer Division, Jefferson County J.C.B. Gwin, Judge.

Action by William Vaughan against A.S. Leader to recover attorney's fees. Judgment for plaintiff, and defendant appeals. Reversed and remanded.

Mathews & Mathews, of Bessemer, for appellant.

Goodwyn & Ross, of Bessemer, and William Vaughan, of Birmingham, for appellee.

SAMFORD J.

The only question of merit in this appeal is the refusal of the court to give, at the request of defendant, the general affirmative charge in his behalf.

The controversy, the subject of this litigation, arose out of a disagreement between plaintiff and defendant as to the amount of compensation due the plaintiff for services as an attorney who was engaged as associate counsel in certain litigation between Leader and the Romanos. A series of suits were filed by Leader, this defendant, against Annie Romano and Annie Romano as executrix in 1922 and 1923. Pete Romano was arrested at the instigation of Leader, tried and acquitted and filed suit against Leader for damages. All this litigation between Leader and the Romanos was settled in the early part of the year 1923, and it seems that Leader at the time of the settlement was led to believe that the costs he would be required to pay would probably not exceed $100, but when the costs were figured the amount that Leader was required to pay under the terms of the settlement was about $475. Mr. Scott, who represented Leader in this litigation in conjunction with Vaughan and had rendered service for Leader in several other matters, testified that the costs that Leader had to pay was so out of proportion to the amount that he anticipated would be chargeable to Leader that he felt constrained to make some concessions in the matter of his fee and settled with Leader for $125 which included several items aside from the Romano cases. Leader figured that he paid Scott for the Romano cases about $75 and having advanced Vaughan $15, sent him an additional check for $60 writing on the left-hand lower corner thereof "Payment in full for all lawyer's fees to date." Vaughan denied that the $15 check was paid on fee, but insisted that this amount was advanced to take care of his expenses while attending the Supreme Court.

However the evidence on the part of both plaintiff and defendant shows that there was a dispute between them as to the amount due, and that no agreement was ever made as to what amount should be paid Vaughan as his fee. On cross-examination Mr Vaughan, testifying in his own behalf, stated:

"With the check for $60 that I got from Mr. Leader, on which was marked "Payment in full for all lawyer's fees to date," I also got a letter from Mr. Leader, which I also answered. I noticed the writing on the left-hand corner of the check "Payment in full for lawyer's fees to date," when I

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