
    Rincon, Plaintiff-Appellant, v. Roig, Defendant-Appellant.
    Second District Court of San Jnan.
    No. 2639.
    Decided July 27, 1922.
    . ■ Attorney Enrique Rincón "brought an action ag’ainst Pedro Roig to recover the sum of $1,000 on a contract for professional services rendered to the defendant and the payment of the expenses in an action by Roig against Julio Garcia Casas for the acknowledgment of a civil partnership. Roig agreed to pay $500 when the action was brought, $500 on the day of the trial, and the balance of $500 at the termination of the action. On filing the complaint of Roig against García Casas he received $500. He also had to file a petition for an injunction and after that the action was compromised and Roig bought Garcia out for $30,000. The defendant herein refuses to pay the balance of $1,000.
    In his answer Roig denied that the contract was entered into as alleged and averred that he had agreed to pay $1,000 in the following manner: $500 when the action was brought and the other $500 when final judgment was entered. He alleged that having paid $500 when the complaint was filed he performed his contract, inasmuch as the action was never brought to trial and the plaintiff had a right to only $500, the action having been dismissed without a trial or judgment.
    There is an absolute disparity between the parties as to what was the agreement. The evidence at the trial was conflicting,. each party maintaining his own position. The-judgment was that the defendant should pay $500 and both parties appealed.
    The conflict in the evidence, was not adjusted in favor of either party; therefore, the judgment should be reversed and the case remanded to the trial court so that it may adjust the conflict and render judgment accordingly.
   Mb. Justice Audrey

delivered the opinion of the court.  