SLITERS v. LEE

No. 81-313.

641 P.2d 475 (1982)

SLITERS, a Montana Corporation, Plaintiff, v. William E. LEE, Defendant, Third Party Plaintiff, and Appellant, v. Paul ROSS, Third Party Defendant and Respondent.

Supreme Court of Montana.

Decided March 2, 1982.


Attorney(s) appearing for the Case

Patrick M. Springer, Kalispell, for William E. Lee.

Astle & Astle, Kalispell, Thomas Hoover, Big Fork, for Paul Ross.


HASWELL, Chief Justice.

In an action on a third party complaint by the maker of a promissory note against the assignor, the District Court of Flathead County awarded judgment to the assignor including attorney fees for a successful defense. The maker appeals. We reverse the award of attorney fees.

On November 3, 1976, William Lee executed and delivered a promissory note to Paul Ross in the principal sum of $2,906.00. The note provided that reasonable attorney...

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