Colonial Plumbing & Heating Supply Co. v. Contemporary Construction Co.

OPINION

SHEA, Justice.

The defendant appeals an award of an attorney’s fee in a Superior Court action on a promissory note. We sustain the appeal and vacate the award of the attorney’s fee.

On October 19, 1976, defendant, Contemporary Construction Co., Inc., signed a promissory note in favor of plaintiff in the face amount of $9,981.73. The note bore interest at the rate of 10.5 percent per annum. It provided also, in part:

“If this note shall be placed in the hands of any attorney for collection, through legal procedures or otherwise, the undersigned will pay to the holder thereof a reasonable…