Hiestand v. Wolfard

Plaintiff filed this action to recover a real estate commission allegedly due under an Acreage and Farm Listing Agreement signed by the defendant Wolfard as the seller. Plaintiff also prayed for the allowance of $1,535 as a reasonable attorney’s fee to be paid by the seller under the following provision of the agreement:

“* * * In case of a suit or action on the contract I hereby agree to pay such additional sums as the court adjudge [s] reasonable as Plaintiff’s attorney fees.”

The case was tried without a jury and the court, in a letter opinion, decided for the defendant. Plaintiff appeals…