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GRAY v. JOSEPH J. BRUNETTI CONSTR. CO.

February 26, 1958

Thomas S. GRAY, Plaintiff,
v.
JOSEPH J. BRUNETTI CONSTRUCTION COMPANY, Inc., Defendant



The opinion of the court was delivered by: WORTENDYKE

In this diversity action, plaintiff, a resident of the State of Virginia and a member of the bar of the District of Columbia, sues the defendant, a New Jersey corporation, for a contingent fee for services upon a written agreement between the parties embodied in a certain letter dated May 27, 1955, from defendant to plaintiff. A copy of this letter is annexed to the complaint and is quoted here, as follows:

'Joseph J. Brunetti Construction Co., Inc.,

 '95 Essex Street Maywood, New Jersey.

 'May 27, 1955

 'Mr. Thomas Gray '1720 'Eye' Street, N.W. 'Washington, 6, D.C. 'Dear Sir:

 'This letter is written to confirm the oral understanding reached between yourself and the writer with respect to your professional services.

 'You are to be retained by us to assist our counsel and ourselves in properly preparing and defending ourselves against any action of the Federal Housing Administration or its agents, or any agency of government acting in behalf of the Federal Housing Administration, in attempting to:

 A. Roll back rents and/or cause a refund of past rents to tenants.

 B. Cause a refunding of profits (FHA terminology 'windfalls').

 C. Cause loans between parent and subsidiary corporations to be repaid.

 D. Be successful in any other action, no matter what the allegation in accomplishing A., B., or C.

 'It is understood that you will devote all the time required to assist both ourselves and our counsel in these matters.

 'Upon the signing of this agreement, we shall pay you $ 3,000 ...


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