117 P. 1093 | Or. | 1911
delivered the opinion of the court.
It will be rembered that an issue existed respecting the reasonableness of the attorney’s fees demanded. Without receiving any testimony on this controverted question, and in the absence of any stipulation as to what sum would have been reasonable as attorney’s fees, judgment was .given for $100 as suitable for that purpose.
In view of the conclusion thus reached, it is considered essential to call attention to the answer, so that, if an amendment thereof is allowed, the defects therein may be remedied.
The answer being faulty in these particulars, the demurrer was properly sustained.
For the error committed, however in awarding any sum as attorney’s fees, the judgment is reversed and the cause remanded for such further proceedings as may be necessary not inconsistent with this opinion.
Reversed.