In Findlay v. Cave, 611 S.W.2d 57, 24 Tex. Sup. Ct. J. 173 (Tex. 1981), the amount of the attorney's fees was not at issue. Id.
Rather, the question was whether any attorney's fees were allowable at all because the original demand for payment was excessive as a matter of law, thereby discharging the debtor from any liability for fees incurred in the litigation. Id. at 57, 58.
The Findlay Court found that even though the demand was for an amount appreciably greater than that which the jury later determined was actually due, the amount demanded was based on the parties' written contract and the debtor had made no attempt to tender the full amount that the jury found to be actually due. Id. at 58.
Under those circumstances, the court concluded that it could not find a sufficient level of unreasonableness or bad faith to warrant finding excessive demand as a matter of law.