dissenting:
I respectfully dissent.
It seems to me that the trial court’s determination that the September 21, 1991 letter supports the finding of an “account stated.” I do not believe that the finding is clearly erroneous. There is absolutely no evidence of a “mistake” by any “party” to the transaction. Although the amount of interest could have been calculated differently, there is no evidence of a mistake.
What we do have is the attorney for claimant attempting to rewrite history by recalculating the interest due. Mrs. Spencer never testified in person or by way of declaration that she or her late husband made any mistake. The majority’s holding that there is no evidence of any waiver of the right to any recalculation of the interest is not supported by the record. The actual and consistent conduct of the claimant, over a period of years, speaks much louder than a recalculation years later by an attorney who had nothing to do with the transaction.
As to the attorney’s fees and costs, I do not believe that the trial court abused its *904discretion by reducing the requested fees and costs from $2490.00 to $750.00. Claimant’s basis for the request for attorney’s fees and costs is ¶ 11 of the Real Estate Contract which provides:
(11) Upon seller’s election to bring suit to enforce any covenant of this contract, including suit to collect any payment required hereunder, the purchaser agrees to pay a reasonable sum as attorney’s fees and all costs and expenses in connection with such suit, which sums shall be included in any judgment or decree entered in such suit.
If the seller shall bring suit to procure an adjudication of the termination of the purchaser’s rights hereunder, and judgment is so entered, the purchaser agrees to pay a reasonable sum as attorney’s fees and all costs and expenses in connection with such suit, and also the reasonable cost of searching records to determine the condition of title at the date such suit is commenced, which sums shall be included in any judgment or decree entered in such suit.
(Real Estate Contract, Appellant’s Excerpt of Record, at A-28)
Most of the fees and costs were clearly not for “sellers election to bring about suit” (see Appellant’s Excerpt of Record, at A-4). It is clear that the request was excessive and not compensable under the above quoted 1111. Some obvious examples are:
(1) 09/01/92 Attend meeting of creditors, 2.00 (hours);
(2) 08/07/92 Review Chapter 13 plan requirements; telephone call with Richard Ralston; 1.50 (hours);
(3) 08/05/92 Review letter from Pugh’s attorney; review bankruptcy code; 1.50 (hours);
(4) 05/03/92 Review file; calculate ar-rearage; 4.30 (hours)
Appellant’s Excerpt of Record, at A-3, A-4.
I would therefore affirm the decision of the trial court.