Wiemeyer

Respondents filed a complaint in the Superior Court of San Diego County for the purpose of foreclosing a mortgage upon real property. A demurrer to defendant's amended answer having been sustained, without leave to amend, a decree of foreclosure was entered. From this decree defendant appeals on the judgment-roll alone.

The facts material to this controversy as alleged in the complaint are as follows: That on or about the sixth day of July, 1926, George H. Thompson executed and delivered to plaintiffs two certain promissory notes in the respective sums of $250 and $1750. The first of said notes was payable on or before six months after August 1, 1926, and the other of said notes was payable three years after that date. Both of said notes drew interest at the rate of seven per cent per annum, payable quarterly and. compounded quarterly. Each of said notes contained a provision accelerating its maturity upon failure to pay interest when due, and the following provision with respect to attorney’s fees: “Should suit be commenced, or an attorney employed to enforce the payment of this note, I agree to pay an additional sum of ten per cent on principal and accrued interest, as…