Carriere v. Minturn

Citations

• 5 Cal. 435

Syllabus

<p>In foreclosing a mortgage containing a stipulation that the mortgagee should be entitled to all costs, including counsel fees not exceeding five per cent, of the amount due, it is not necessary to aver in the complaint that five per cent, was reasonable counsel fees, as the counsel fees thus stipulated to be paid, were not the cause of action, but, like costs, a mere incident to it, and might be fixed by the Court, at its discretion, not exceeding the five per cent.</p>