Adair Realty & Loan Company v. Williams Brothers Lumber Company

Bell, Presiding Judge.

This is an appeal objecting to the judgment of the trial court refusing to award attorney’s fees on a promissory note.

Code Ann. § 20-506 authorizes collection, as a part of the debt, of contractual obligations to pay attorney’s fees on the creditor’s giving 10 days notice to the debtor. If the debtor pays the principal and interest in full during that 10 day period the attorney’s fees are not collectible. The obligation to pay attorney’s fees is only a contingent liability and the debtor is not bound to pay them until there is a full compliance with conditions precedent…