Sampeck v. Strong

OPINION

McDONALD, Chief Justice.

This is an appeal by plaintiff Sampeck from judgment denying him recovery of attorney’s fees, in a suit on a note.

Ricks Strong executed a note for $20,-000, on July 10, 1969 payable to plaintiff. Such note was payable on or before July 10, 1970; provided for 6% interest; and “if this note is placed in the hands of an attorney for collection * * * 10% additional.”

Ricks Strong died July 25, 1969, and on August 10, 1969 defendant George Strong qualified as Independent Executor of the Estate of Ricks Strong, deceased.

On September 4, 1969 plaintiff’s attorney mailed…