New Finance, Ltd. v. Ellis

PRICE, Presiding Judge.

New Finance, Ltd., brought suit against Martha Ellis on a loan contract executed under the Alabama Small Loan Act. The trial court awarded judgment in favor of defendant and plaintiff has appealed.

The stipulated facts show that appellant, a licensee under the Alabama Small Loan Act, loaned a sum of money to appellee. The loan contract, supplied by the lender, contained a provision whereby appellee agreed to “pay all expenses of collection of this note, with or without suit including a reasonable attorney’s fee, paid to the lender’s attorney.”

The complaint, in pertinent…