The opinion
On Motion for Rehearing.
The appellee has asked us to find as to the appellant’s right to recover attorney’s fees. The lease provided:
“It is expressly understood and agreed in case the lessees fail to pay said rents monthly as they become due, and in case of collection of same by suit or otherwise, then lessees shall pay all costs and expenses of collection, including an attorney’s fee of 10 per cent, on amount thereof.”
Appellant pleaded this provision of the contract, and alleged by reason of the failure of appellee to pay the rental as provided it became liable for 10 per cent, attorney’s fees, and that plaintiff! had been compelled to institute 'suit for said rent. The. court found that suit was entered to collect said rent. No issue has been raised as to the reasonableness of said 10 per cent, attorney’s fees, and even though no proof was offered as to the promise on the part of appellant to pay his attorneys such fee, or that 10 per cent, was a reasonable fee, yet we think appellant was entitled thereto, and that it should be included in the judgment rendered by us. Bank v. Robinson, 104 Tex. 166 , 135 S. W. 372 ; Lanier v. Jones, 104 Tex. 247 , 136 S. W. 255 ; Beckham v. Scott, 142 S. W. 80 .
While appellee has filed an able and insistent motion for rehearing which we carefully considered, yet we feel that in our original opinion we properly disposed of the questions presented, and the motion should be overruled ; and it is so ordered.