Frank P. Baer v. Alfred D. Rosenblatt - Supreme Court of New Hampshire

Frank P. Baer v. Alfred D. Rosenblatt

By Supreme Court of New Hampshire

  • Release Date: 1964-10-06
  • Genre: Law

Book Synopsis

The really controverted issue before us is whether the trial court acted properly in directing that the summary judgment include a provision for payment of an attorneys fee in the sum of $5,220. When the plaintiffs motion for summary judgment was being argued, counsel for the defendants urged that, under the circumstances, it would be "unconscionable and completely unreasonable" to grant an attorneys fee in the amount sought; at this point the trial judge referred to the 15% provision in the note and expressed doubt that he had any power to change the stipulated amount. Although at the conclusion of his ruling on the motion for summary judgment he did find that 15% was reasonable, he did so without receiving any testimony or other proof as to the extent of the services rendered by the plaintiffs attorney or the reasonable value thereof.

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