Dowding v. Smithers

UDALL, Chief Justice.

Plaintiffs-appellees brought suit against defendants-appellants on a promissory note given by the latter for the sum of $525.47, with interest at 6% per annum. The note contained this provision: “Should suit be brought to recover on this note, I promise to pay as attorney’s fees a reasonable amount additional on the amount found due hereunder.” (Emphasis supplied.) Defendants filed an answer and a counterclaim for damages in the sum of $46,000. The case was tried to the court sitting with a jury and the latter returned a verdict for the principal amount sued for on the…