Frick Co. v. Rubel Corp.

L. HAND, Circuit Judge.

This action was properly a part of action No. 1 between the same parties, which we have decided in an opinion handed down herewith. 62 F.(2d) 765. Two of the contracts there mentioned contained a clause as follows: “In ease seller is compelled to place this contract in the1 hands of an attorney in order to procure settlement in accordance with the terms thereof, the buyer agrees to pay * * * all expenses and attorneys’ fees incurred by it to effect settlement not exceeding five per cent, of the fund so found to be due.” The third contract did not contain this provision.…