Kimball v. Moir

There is but a single question presented by this appeal, and that is whether or not this court will enforce an *428agreement in a promissory note to pay ten per cent on the amount due, as attorney’s fees, in case of suit thereon. The amount due on the note, principal and interest, at the date of the decree was $5,080, and the amount of attorney’s fees allowed íd the court below was $508. In Balfour v. Davis, 14 Or. 47, we had occasion to consider the effect of inserting in a note a fixed percentage, payable as attorney’s fees, in case of suit thereon, and declined to enforce it or give it any…