ROME V. FAIRMAN. 5

affairs were concerned. Take all this and this alone, as shown by the record in the case, and as not controverted, would a fee of $400 be considered unreasonable? In addition, however, to the above Mr. Rome himself goes on the witness stand and admits the employment, the work done by the plaintiff, and simply says in answer that whatever he did and whatever was due him was to be charged to another fund. Does he allege that the amount is unreasonable? There is not one single syllable in his testimony or any testimony he introduced, record or otherwise, that looks as though he meant to make a contest on that point save and except his answer in the case. In addition, however, to the record testimony, and the testimony of the plaintiff and defendant, two witnesses go on the stand who are thoroughly familiar, as they say, with all the work done by the defendant, and, fully sustain his contention, while other witnesses go on the stand and show that the plaintiff himself ratified and confirmed not only the retention of the $400 by the defendant but the fact that the charge made was reasonable in character. It may be contended that one of the expert witnesses changed his testimony.
The record does show this, and. the same record shows that neither the defendant nor plaintiff knew anything about it; that it was not done in open court. It 'Is not to be supposed that the Judge who tried the cause would have given a moment's consideration to corrected testimony made in such a way. If he did then the court erred. From all the testimony in the case it seems to us that the charge as made by the defendant, as attorney, against the plaintiff is reasonable and that the work performed is worth the sum of $400; that the defendant had the perfect right to credit his account with that amount; and that the court below-erred in entering up judgment against the defendant for the sum of $150.
It is, therefore, ordered, adjudged, and decreed that the judgment of the court of the Second Judicial Circuit be and the same is reversed; that this case be remanded, to the court below; and that the action be dismissed.
JUSTICE COLLINS concurred.
Reversed.

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