# Joseph F. Hogan v. Wilbur C. Wright, D/B/A Wright Construction Company

> Court of Appeals for the Sixth Circuit · February 8, 1966 · 356 F.2d 595

URL: https://www.frixlaw.com/law-library/cases/9451355

## Case

- **Full name:** Joseph F. HOGAN, Plaintiff-Appellee, v. Wilbur C. WRIGHT, D/B/A Wright Construction Company, Defendant-Appellant
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** February 8, 1966
- **Citations:** 356 F.2d 595; 1966 U.S. App. LEXIS 7234
- **Precedential status:** Published
- **Opinion:** Dissent by Edwards
- **Judges:** Edwards, O'Sullivan, Celebrezze
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9451355

## Opinion text

EDWARDS, Circuit Judge
(dissenting).
The relevant language of this contract for legal representation provided:
“As I told you on leaving Akron, I will prepare, file and present your claim with the Sundry Claims Board without charge to you. (My usual fee for a claim of this size is $2,-500.00 for preparation and presentment against 25% of the recovery.) Out of any recovery in your claim, you are to pay me a percentage figure acceptable to you. * * * ”
After plaintiff had secured allowance of $137,341.81 of defendant’s claim, defendant tendered a fee of $2,000, or 1.4%. The District Judge found this action to have been taken in bad faith and gave judgment for plaintiff in the sum of $27,468.36, or 20% of the recovery. The record provides evidentiary support for the finding of bad faith, and I do not think we can properly hold that it is “clearly erroneous.” Rule 52(a) Fed.R.Civ.P.
I would affirm.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9451355. Public record. Not legal advice.