Bank of Woodland v. Treadwell

Citations

• 55 Cal. 379

Syllabus

<p>Foreclosure of Mortgage—Attorney’s Fees —Penalty—Findings.—In an action to foreclose a mortgage which provided for an attorney’s fee, the answer alleges that the plaintiff’s attorney received a regular salary in compensation for all his services, and that the plaintiff had not agreed or become liable to pay him any compensation for his services in the action; but the Court failed to find upon the issue, and allowed the attorney’s fee ■ provided for in the mortgage. Held, that the judgment should be reversed for want of sufficient findings; that the plaintiff was not entitled to an allowance for attorney’s fees, except for such sum as it had paid or become liable to pay to its attorney.</p>