Shead

This is an action to recover money from defendants as plaintiff’s agents to which they make claim for commissions. Plaintiff had judgment, from which and from the-order denying motion for a new trial this appeal is prosecuted and comes here on a statement of the case.

Plaintiff held a promissory note for five thousand dollars, principal, against one Parsons, then living in Detroit, Michigan. The court found that defendants as collectors undertook to collect this note upon the terms and conditions of a certain written Contract, the body of which reads as follows:

On the back of the contract were several conditions printed, one of which provided for payment of a reasonable attorney’s fee and court costs if suit is brought.

Upon the face of the contract defendants contend that they were to receive all costs and expenses, including attorney’s fees, and in addition twenty-five per cent of five thousand dollars, whether that amount was collected or not. Plaintiff claims that defendants were entitled only to twenty-five per cent of the amount actually collected. It appears that the note was sent by defendants to an attorney in Detroit who brought suit- upon it. Pending the action the…