Witherspoon v. Musselman

JUDGE HINES

delivered the opinion op the court.

This is an action in equity on a note, secured by mortgage, in which the appellant seeks personal judgment and asks for a sale of the mortgaged property.

*215In the body of the note is this stipulation, “ If the note is collected by suit, we are to pay a reasonable attorney’s fee.”

The petition alleges the agreement to pay a reasonable attorney’s fee, but does not state' what amount would be reasonable for the services performed. It does not charge that the plaintiff has paid, or even promised to pay, any certain sum. The pleader attempted to remedy…