22 Ga. App. 694 | Ga. Ct. App. | 1918
1. The suit was upon a contract in writing, unconditional except as to attorney’s fees. The defendant’s plea raised no Issue and was insufficient to support an- amendment, and the court properly disallowed the proposed amendment and struck that part of the original plea wherein.the defendant undertook to deny indebtedness. McMillan v. Fourth National Bank, 18 Ga. App. 445 (89 S. E. 635); Smith v. First National Bank, 115 Ga. 608 (2,3) (41 S. E. 983).
2. The note sued on provided for attorney’s fees of -ten per cent, for collection, and the petition alleged that the ten-days notice for the purpose of collecting attorney’s fees had been given the defendant, a copy
Judgment affirmed.