Bank of Early v. Broun

Shulman, Judge.

When appellant gave appellees notice that it was seeking to recover from them the debt of another for which they had given a contract of guaranty and that the debt included attorney fees, appellees filed an action for declaratory judgment contending that they were not liable for the attorney fees because they had not been given notice pursuant to Code Ann. § 20-506 (c). Concurrent with the filing of the declaratory judgment action, appellees paid into court the amount of the debt exclusive of attorney fees. Appellant filed a counterclaim based on the contract of guaranty. The…