Danforth v. Charles
Supreme Court Of The Territory Of Dakota
Appeal from YanMon County District Court. This is an action for the foreclosure of a mortgage, containing two stipulations relative to attorney’s fees.
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Appeal from YanMon County District Court. This is an action for the foreclosure of a mortgage, containing two stipulations relative to attorney’s fees. The first in the mortgage proper, providing for x-easonable attorney’s fees, if suit should be commenced thereon; and the second being in the power of sale, and reads as follows: “And the proceeds of said sale, after deducting all expenses, taxes and insurance, including twenty-five dollars attorney’s fees, to apply to the payment, etc.” The plaintiff on the trial introduced three professional witnesses for the purpose of showing what would be…
1Opinion of the Court
BbNNbtt,-J.
This appeal presents the question as to the right of plaintiff to recover on the stipulation in the mortgage for reasonable attorney’s 'fees.
It is not claimed that a stipulation in this form, differs materially, so far as the right to recover thereon is concerned, from one wherein the amount is specified and fixed, as in the case of Farmers’ National Bank of Salem v. Rasmussen, (Ante 60) decided by this court at the January term, 1875. But it is now contended that the court in that case held that the stipulation came within the provisions of section 831, Civil Code, relating to…
2Cases cited1 opinion
- Sage v. RiggsMichigan Supreme Court · 1864
3Cited by2 opinions
- McClain v. Continental Supply Co.Supreme Court of Oklahoma · 1917
- National Life Ins. Co. v. HallSupreme Court of Oklahoma · 1912