Sturgis National Bank v. Smith

FINLEY, Associate Justice.

— The verdict of the jury is for a less sum than plaintiff was entitled to, and this error will require a reversal of the judgment and the remanding of the cause for another trial. We will not pass upon the several assignments of error, as such, in the opinion; but will indicate our views upon the points in the case sufficient for the purpose of another trial.

The different phases of the defense set up to the 10 per cent attorney’s fees constitute no legal bar to a recovery upon that portion of the contract, and plaintiff’s exceptions thereto should have been…