Brown

This is an action brought to recover a balance of an attorney’s fee alleged to be due for services rendered by plaintiff to the defendant.

The complaint contained several counts. At the trial it was contended by the defendant that while he had paid part of the fee for which he was being sued, such payment was made as an accommodation to his attorney, who was not entitled to his fee nor to any part of it until the judgment in a certain action should be recovered and the amount thereof collected. After practically all the evidence was in, it' was suggested that the further trial of the cause be postponed in order to give the defendant an opportunity to introduce evidence to the effect that a written contract had been entered into by the parties providing that the plaintiff’s fee here sought to be recovered was to be contingent upon a certain event which had not yet happened, whereupon the plaintiff, in order to conclude the matter, proposed that the case be submitted on that portion of his complaint which alleged a cause of action upon an account stated, and that he waive the remaining counts of his complaint. This was agreed to and the cause submitted.

With the trial court we…