UNITED STATES NAT. BANK OF OREGON v. Smith

*125TONGUE, J.

This is a suit to foreclose a mortgage in which the promissory note provides that:

“* * * in case suit or action is instituted to collect this note * * * I promise to pay such additional sum as the court may adjudge reasonable as attorneys’ fees in said suit or action, or on any appeal therefrom * * *.”

The trial court entered a decree of foreclosure in favor of plaintiff and also awarded $3,156 to plaintiff as attorney fees. Defendant appealed to the Court of Appeals, assigning two errors, including one contending that the trial court erred in its award of attorney fees in that…