Harvey v. Baldwin

This action is founded on a promissory note containing an unconditional promise to pay attorney’s fees, and the controversy here waged relates solely to the question of the right to recover such fees.

It has long been settled that an unconditional promise to pay attorney’s fees is valid.

It was competent to prove the value of the services of the attorney, although there was no direct averment in the complaint that an attorney was employed, for the complaint avers that the reasonable fee is fifty dollars. As the note provides for the payment of attorney’s fees it was enough to allege the breach…