EAC Credit Corporation v. Wilson

HUSKINS, Justice.

Where a promissory note contains a provision requiring the debtor to pay reasonable attorneys’ fees of the creditor in collection of the note, but a guaranty of payment of the note contains no such provision, are the guarantors liable under G.S. 6-21.2 for attorneys’ fees incurred by the creditor in an action on the guaranty contract ? This is the sole question presented on this, appeal.

Plaintiff contends that it is entitled to- recover attorneys’ fees in this action upon the guaranty contract by virtue of G.S. 6-21.2 which provides in pertinent part as follows:

“§ 6-21.2.…