Conner

This is an action brought upon a promissory note executed by defendant which contained the agreement of appellant to pay, in addition to the principal sum and interest, “all legal expenses and attorney’s fees which may be incurred in the collection of this note.” Plaintiff set out in his complaint the note in haee verla, alleged the nonpayment of the balance due thereon, and with reference to the matter of attorney’s fees alleged as follows: “That five hundred dollars is a reasonable fee to be allowed plaintiff as attorney’s fees in the collection of said note and prosecution of this suit.” To this complaint defendant filed an answer which contained only the following denial: “Denies that five hundred dollars is a reasonable fee to be allowed the plaintiff as attorney’s fee in the collection of said note and prosecution of this suit in any manner, or otherwise, or at all.” This being the state of the pleadings, a motion was made on behalf of plaintiff for judgment without trial, which motion was granted by the court, and judgment was thereupon entered for the amount of principal and interest due, together with $300 as attorney’s fees and costs. Defendant on this appeal taken from…