Court of Appeals for the Fifth Circuit February 12, 1968, 24530 (Cupples Company Manufacturers v. Farmers & Merchants State Bank)

PER CURIAM.

The appellee Bank agreed to pay checks drawn on it by depositor Trimble in favor of appellant Cupples up to the amount of $10,000. The agreement contained no provision to pay attorney fees upon default. Cupples sold goods to Trimble and presented to the Bank Trimble’s check for $9,903.64. The Bank refused payment.