Fivey

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 denies any liability under either cause of action.

The record discloses the following facts: The defendant herein suffered personal injuries as the result of being struck by an automobile operated by one Kelly. To prosecute his claim against Kelly, he employed the law firm of which plaintiff’s assignor Allan Brotsky was a member. Such employment was pursuant to a written contingent fee contract entered into between the defendant and the law firm on April 1, 1958. According to this contract, the defendant agreed to pay the attorney 33% per cent of all amounts recovered by compromise or…