Budagher v. Sunnyland Enterprises, Inc. , 90 N.M. 365 ( 1977 )

SOSA, Justice.

I respectfully dissent.

Although on philosophical grounds I tend to agree with the result reached by the majority, I cannot agree to that result in light of general contractual law. Both parties here were capable of entering into a contract or note and were able to understand the provisions they agreed upon. They could have easily provided for reasonable attorney’s fees rather than a flat fee. Courts should not rewrite clear and unambiguous clauses in a contract or note merely because one party later dislikes the financial consequences of what he agrees to in that contract or note. Thus, I do not agree that the clause in the note must be interpreted to say “a reasonable amount, up to but not more than ten percent.”