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BINNING'S, INC. v. ROBERTS CONSTRUCTION COMPANY

No. 7022SC536.

177 S.E.2d 1 (1970)

9 N.C. App. 569

BINNING'S, INC. v. ROBERTS CONSTRUCTION COMPANY, Inc., Bobby R. Roberts and Ruby M. Roberts.

Court of Appeals of North Carolina.

October 21, 1970.

Attorney(s) appearing for the Case

C. Horton Poe, Jr., Durham, for defendant appellants.

Walser, Brinkley, Walser & McGirt, by Walter F. Brinkley, Lexington, for plaintiff appellee.

HEDRICK, Judge.

The exceptions in the record present the question of whether the facts admitted in the record support the conclusions of law made by the court, and whether the court committed error in entering judgment that the plaintiff recover as reasonable attorneys' fees 15% of the balance due on the note.

G.S. § 6-21.2, in part, provides:

"Obligations to pay attorneys' fees upon any note, conditional...

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