Marlin v. Williams

Opinion by

STEPHENSON, C.

Paul S. Williams executed and delivered his promissory note in • the principal sum of $1,200 to Baxter Davis. It was due and payable on June 28, 1924. The payor of the note executed and delivered his real estate mortgage ■on lands situated in Payne county, to secure the payment of the note according to its terms and tenor. The note reached the hands of Terry S. Marlin 'by assignment. The note contained the following provision in relation to the payment of attorney’s fee:

“If this note is unpaid when due, and is collected by an attorney, or by suit, principals, sureties,…