Stockton Savings & Loan Society v. Donnelly

Citations

• 60 Cal. 481
• 1882 Cal. LEXIS 496

Syllabus

<p>Foreclosure of Mortgage—Attorney’s Fee.—Action to foreclose a mortgage which provided for payment of an attorney’s fee “to become payable on filing the complaint for foreclosure.” After the commencement of the suit the defendant paid the principal, interest, and Court costs, but not the attorney’s fee; but was informed by the plaintiff that there was an attorney’s fee due which he would have to pay before the mortgage would be satisfied or the suit dismissed.</p> <p>Held: The plaintiff was entitled to proceed with the action to enforce the payment of the attorney’s fee.</p> <p>Id.—Id.—The cause was tried before a jury which returned a verdict for the plaintiff for one hundred and twenty-one and forty-five one hundredths dollars, on which the Court entered a decree in favor of the plaintiff for the sum mentioned.</p> <p>Held: It was the province of the Court to fix the amount of the attorney’s fee, but as the Court adopted as correct the amount returned by the jury, the amonnt may be considered as having been fixed by the Court.</p>