Southern Provisions, Inc. v. Harris Trust & Savings Bank

Harris Trust and Savings Bank instituted an action against North Bank for breach of warranty of good title. The trial court found that North Bank had breached its warranty, but held that Harris Bank was not entitled to attorney’s fees and litigation costs under section 4 — 207(3) of the Uniform Commercial Code.

On appeal, Harris Trust and Savings Bank claims that the trial court erred in denying its request for attorney’s fees and litigation costs.

We affirm.

On September 1, 1978, Southern Provisions, Inc. (Southern Provisions), issued a check in the amount of $2,500 payable to Ben Wilkerson.…