State Ex Rel. Mothersead v. Chastain

HERR, C.

This is an action brought by plaintiff against defendants for the sum of $546.85, balance due on a promissory note, and $379.33, attorney fee. The controversy arises over the attorney fee. There is no dispute as to the balance due on the note. Prior to the filing of this suit, defendants tendered the entire amount due on the note, less the attorney fee, which tender plaintiff refused; hence this litigation.

The note was executed by defendants to the Planters & Mechanics Bank of Tulsa, for the sum of $4,000 with interest at 10 per cent, from maturity. The bank was declared insolvent on…