Lescher Building Service, Inc. v. Prairie Mills, Inc.

CARROLL, PRESIDING JUSTICE.

On November 30, 1959, tbe Circuit Court of Sangamon County entered judgment by confession in favor of plaintiff on a promissory note executed by defendants. Tbe judgment was in tbe amount of $34,202.65, which included the sum of $4000 as attorney’s fees. On December 7, 1959, defendants filed a motion to vacate and set aside the judgment, and for leave to plead. In support of the motion defendants filed an affidavit made by Frank W. Young, one of the defendants, which contained among other recitals, an allegation that the note provided for $4000 attorney’s fees to be…