Schubert v. Reich

Plaintiff commenced an action with respect to a contract under which defendant was to grade and process dates owned by plaintiff. Defendant answered and cross-complained for compensation for grading work, and obtained a judgment for $7,287.16, and a declaration that he had a lien on the dates as security. Plaintiff’s motion for a new trial on the ground of accident and surprise was granted “on the condition that the plaintiff and cross-defendant pay to Clyde Thomas, attorney for the defendant and cross-complainant, the sum of $75.00 as attorney fees within 5 days.” Apparently the condition of…