Read Phosphate Co. v. Jenkins

Upon a consideration of this petition and for the reasons fully set forth in the opinion on petition for rehearing in the case of Bank v. Yarborough (just filed) : 113 S. E., 313, it is ordered that the opinion heretofore filed be withdrawn and the following substituted therefor:

Action upon a note for $1,724.55, dated June 22, 1921, due November 1, 1921, with interest after maturity at 7 per cent, per annum. The note contained also' a provision for “a reasonable attorney’s fee not to exceed 10 per cent.” The complaint was in the usual form, declaring upon the note and demanding judgment for…