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Lawskills.com Georgia Caselaw
DIXIE CONSTRUCTION COMPANY OF GEORGIA, INC. v. GRIFFIN.
39049.
FELTON, Chief Judge.
Complaint. Savannah City Court. Before Judge Alexander.
1. The purpose of the provision of the law relating to the giving of ten days' notice to the debtor of the creditor's intention to enforce the provision for attorney's fees in a contract is to allow the debtor to pay the principal and interest on the contract within ten days from receipt of the notice and relieve himself of the liability to pay attorney's fees. Code 20-506 (c) as amended. The fact that the notice states that the contract provides for 15% attorney's fees instead of 10% as actually provided for in the contract does not destroy the efficacy of the notice for the simple reason that only the amount provided in the contract under 15% could be recovered and compliance with the notice would absolve the debtor of the obligation to pay the fees whatever the percentage was. The court did not err in overruling the special demurrer directed at the sufficiency of the notice to bind for attorney's fees.
Accordingly, it was error for the court to enter judgment for 15% of the principal and interest due instead of for 10% as stipulated in the note sued on.
The trial court's judgments are affirmed with the direction that the court write off 5% of the amount of the principal and interest allowed for attorney's fees.
Willis J. Richardson, Jr., Myrick, Myrick & Richardson, contra.
Hitch, Miller & Beckmann, R. N. Hitch, for plaintiff in error.
DECIDED SEPTEMBER 27, 1961.
Friday May 22 23:26 EDT


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