GHY DEVELOPERS, INC. v. PUMPELLY

No. 65067.

738 P.2d 967 (1987)

GHY DEVELOPERS, INC., an Oklahoma corporation, Plaintiff-Appellee, v. Jim PUMPELLY and Sharon Pumpelly, husband and wife, Defendants-Appellants.

Court of Appeals of Oklahoma, Division No. 4.

June 2, 1987.


Attorney(s) appearing for the Case

Lynn D. Nolen, Muskogee, for plaintiff-appellee.

Bill Haworth, Muskogee, for defendants-appellants.


Released for Publication by Order of the Court of Appeals of Oklahoma, Division No. 4.

BRIGHTMIRE, Presiding Judge.

The issue presented is whether the trial judge erred in requiring the mortgagors to pay all of mortgagee's attorney fee expense incurred in foreclosing a mortgage which provided for mortgagors to pay a fee of only $25.

We conclude that he did, vacate the order and remand for further proceedings.

I

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