How have courts interpreted a stipulation that a plaintiff must pay any fees that the court might order after hearing an appeal?
California, United States of America
The following excerpt is from Barker v. Barker, 139 Cal.App.2d 206, 293 P.2d 85 (Cal. App. 1956):
4 Barker v. Barker, 133 Cal.App.2d 741, 284 P.2d 900. It was there held that this stipulation did not constitute a promise on plaintiff's part to pay any fees that the court might thereafter order, but that the questions of whether or not defendant's appeal was meritorious, or the fees awarded excessive, were to be determined on their merits.
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