
    *McDONALD v. PAGE.
    ■Costs — attorney’s fee — no parol evidence to explain tlie term costs — pleazum da/rrain continuance.
    
    The term costs has a legal signification, and includes only taxable costs, not attorney’s fees.
    Parol evidence is inadmissible to prove that the parties to a written agreement to pay costs intended to embrace attorney’s fees.
    Assumpsit, upon a promissory note. The defendant pleaded puis darrain continuance, that he had agreed with the plaintiff to pay him a certain sum and costs, and the plaintiff should discontinue :suits, which sum with the costs he had paid. Issue was taken on this.
    ' The plaintiff contended that the agreement, which was in writing, obliged the defendant to pay the attorney’s fees in the suit, and ■offered evidence to prove that such was the understanding of the parties, and that the word costs used by them was intended to embrace those fees.
   LANE, J.

The evidence is inadmissible. The word costs has a legal signification. It includes only those expenditures which are, -by law, taxable, and to be included in the judgment.

The defendant had judgment.  