Pringle

Action was brought to recover unpaid rent and possession of certain real property. Demurrer to complaint was sustained. Amended complaint was filed and defendants, Edward J. Pringle and Sydney J. Pringle, as executors of the last will and testament of William B. Pringle, deceased, moved to strike out the same. This motion was granted. Thereafter, before any further pleadings were filed, appellant filed a voluntary dismissal of the action, which was duly entered.

Defendant executors then filed a memorandum of costs, claiming an appearance fee of three dollars and “Attorney’s fee, fixed as costs, $350.” None of the other defendants filed any memorandum of costs. Appellant moved to tax costs, the grounds of the motion being:

The motion was supported by an affidavit, from which it appears that in the lease upon which the action was founded it was agreed as follows: “That in the event that the lessors, their successors or assigns, shall commence an action against the lessee for the enforcement of any of the provisions or conditions in the lease, and if judgment in said action shall be rendered in favor of the lessee and against the lessors, their successors or assigns, then and in…