LAREDO NATIONAL BANK V. GORDON
61 F.2d 906 (1932)
NATURE OF THE CASE: Laredo (D) appealed a jury verdict for Gordon (P), attorney at law,
in his suit for enforcement of a legal fee agreed upon.
FACTS: Gordon (P) filed a suit against the Rosenblums to recover $144,000 which they had
fraudulently procured from D. P brought the suit upon an agreement that he was to receive a
contingent fee of 25 per cent. of the amount recovered. D and its local attorney then
entered into negotiations with the Rosenblums for a compromise settlement. D wired P that,
acting upon his suggestion, it would refuse to accept a proposition of settlement which the
Rosenblums had made, but added 'in case there should be a counter proposition from them
which we may consider acceptable advise what are your minimum fees.' P replied by wire that
he felt confident his fee could be adjusted reasonably in the light of prior arrangements
and subsequent developments, but that he would welcome the bank's suggestion in regard to
his fee. D wired P, stating that its proposition had not been accepted, but that 'we must
know immediately what will be your fees in the event we accept settlement offered us. Answer
quick'; and D replied, 'Answering today's telegram twelve thousand five hundred dollars.'
Nothing further was said about fees pending negotiations for settlement, which continued
until June 16, 1930, when D received in settlement of its claim against the Rosenblums about
$50,000 in cash, securities of the estimated value of $94,000, and a note of Joseph
Rosenblum for $66,000. D wrote P that the bank would pay a reasonable fee, but that the
amount mentioned in his telegram of March 10 was beyond reason. P testified that before he
received this last-mentioned letter he had already dismissed the suit against the
Rosenblums, in compliance with the directions of D's local attorney. The jury gave the
verdict to P and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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