Richee

A complaint was filed in the court below to recover on two promissory notes, which are set out in haeo verba, each containing the following clause: “And in case suit or action is instituted to collect this note, the Gillette Bealty Company, a corporation promises to pay, besides the costs and disbursements allowed by law, such additional gum as the court may adjudge reasonable as attorney’s fees in such suit or action.” The prayer of the complaint is for the amount of the notes, interest and such attorney’s fees as the court may adjudge reasonable. The defendant, the Gillette Bealty Company, failed to appear, and after default the court rendered judgment in the sum of $1,306.65, of which amount it is conceded $1,206.06 represents principal and interest, and $106.61, the amount determined by the court to be reasonable as attorney’s fees. The appeal is from the judgment.

Appellant asserts that the judgment is unwarranted and excessive because respondent failed to plead that the sum of $106.61, or some other sum, was a reasonable sum to be allowed as attorney’s fees. There is a familiar rule of law applicable to cases where answer has been filed and judgment has been rendered that…