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MARC A. BIGGERS v. JOHN H. FOX

SEPTEMBER 26, 1984

MARC A. BIGGERS
v.
JOHN H. FOX, III



BEFORE BOWLING, HAWKINS AND SULLIVAN

HAWKINS, JUSTICE, FOR THE COURT:

Attorney Marc Biggers appeals from a summary judgment in favor of John H. Fox, III in the Chancery Court of the First Judicial District of Hinds County.

We find there are unresolved questions of law and of fact, and that the chancellor was premature in rendering summary judgment. Accordingly, we reverse.

 In 1979 Biggers was an attorney employed in the law firm of Fox. They reduced to writing their agreement on the division of a fee payable unto Fox under a contract with a client.

 AGREEMENT FOR PAYMENT FOR SERVICES RENDERED

 This Agreement entered into this the 5th day of March, 1979, in furtherance of and in compliance with the employment relationship existing between John H. Fox, III and Marc A. Biggers in order to set forth the parties rights under a fee payment agreement executed by John H. Fox, III and Seth P. Ball and Barbara McDonald Ball on the 30th day of March, 1979, a true and correct copy of which is attached hereto and made a part hereof by reference; and,

 WHEREAS, payments for legal services rendered to Seth P. Ball are to be made in five equal installments of $24,000 over a period of five years beginning on or before April 15, 1980 and continuing thereafter until paid, and,

 WHEREAS, said payments as provided by the Fee Payment Agreement (Exhibit "A") provides that the payments should be made by Seth P. Ball and Barbara McDonald Ball and their heirs and assigns to John H. Fox, III, his heirs and assigns; and,

 WHEREAS, that in order to secure the benefits to which Marc A. Biggers is entitled under his employment relationship with John H. Fox, III, in the provision of said services therein described the parties hereto deem it advisable and prudent to execute this agreement setting forth the entitlement of said Marc A. Biggers from John H. Fox, III from fees received under said fee payment agreement.

 NOW THEREFORE, IT IS MUTUALLY CONVENANTED AND AGREED THAT John H. Fox, III, his heirs or assigns will pay to Marc A. Biggers, his heirs or assigns, the sum of $8,000.00 on or before the 15th day of April, in each of the years beginning April 15, 1980 and continuing thereafter until paid. It is specifically agreed and understood that said payments are to be made from the $24,000.00 due and owing from Seth P. Ball and Barbara McDonald Ball, their heirs and assigns under the fee payment agreement (Exhibit "A"), as and when paid; and that in the event said payments for some reason are not forthcoming from Seth P. Ball and Barbara McDonald Ball, their heirs and assigns, the obligation of Fox for the above payments will be cancelled or deferred, contingent upon receipt of the benefits due and owing to Fox under said Fee Payment Agreement (Exhibit "A")

 WITNESS OUR SIGNATURES, the the 5th day of March, 1979.

 s/John H. Fox JOHN H. FOX, III

 s/Marc A. Biggers MARC A. BIGGERS

 Thereafter, a partnership was formed between the two of them, which was later dissolved. On March 24, 1981, Biggers ...


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