Broadbent v. Brumback

Citations

• 2 Idaho 366
• 16 P. 555
• 1888 Ida. LEXIS 6

Syllabus

<p>PRACTICE. — An allegation in the complaint not denied in the answer is sufficient to sustain a finding that the facts stated therein are true.</p> <p>Pleading — Foreclosure or Mortgage. — In an action to foreclose a mortgage it is not necessary to allege in the complaint notice to the mortgagor that the plaintiff has elected to consider the whole sum due for default in payment of installments or interest.</p> <p>.Attorney's Fee — Reasonable Allowance. — A stipulation in a mortgage for allowance for an attorney’s fee in case of foreclosure Í3 valid, but should be enforced only for a reasonable .amount. In determining what amount is reasonable the court should allow no more than is actually received or contracted for by the attorney for his services.</p> <p>Findings of Court — Conclusive.—The findings of the court should be responsive to the allegations in the pleading and a finding upon such allegation is conclusive as to each item of evidence offered to sustain it.</p> <p>(Syllabus by the court.)</p>