This section contains the nature of the case and procedural background.

P retained D to represent him in a contest of his mother's will. P and D agreed to payment on a one-third contingent fee basis. After negotiation between D and the estate P was offered property worth $21,600.03 over and above what he would have received under the terms of the will. D thought the compromise was reasonable and recommended P accept it. P refused to settle and D refused to file suit. P terminated his representation and proceeded in proper person to challenge his mother's will, and eventually recovered nothing. D filed a 'Petition on Open Account' seeking the sum of $6,950.01. P denied that he owed any money answering that D did this on a contingency fee basis,' and 'quit the case,' and 'would not go to court.' The court rendered judgment in favor of the law firm. It held that P deprived D of the contingent fee by not signing the settlement offer. P appealed. The court of appeal affirmed. P appealed.

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