Sliters v. Lee

In an action on a third party complaint by the maker of a promissory note against the assignor, the District Court of Flathead County awarded judgment to the assignor including attorney fees for a successful defense. The maker appeals. We reverse the award of attorney fees.

On November 3,1976, William Lee executed and delivered a promissory note to Paul Ross in the principal sum of $2,906.00. The note provided that reasonable attorney fees incurred in the collection of the note would be paid by Lee.

Ross latter assigned the note for valuable consideration to Sliter’s, a Montana Corporation.…