Legal Opinion

Pilcher v. Wheeler

California Court of Appeal

Decided January 2, 1992No. B055788PublishedCited by 10 opinions

1Opinion of the Court

Opinion

GILBERT, J.

The defendants in an action alleging breach of a limited partnership agreement prevailed in the trial court, but the trial court denied their motion for attorney fees. The partnership agreement did not have a provision for attorney fees, but a construction contract entered into pursuant to the partnership agreement did.

On appeal of the order denying the motion for fees, the defendants contend the partnership agreement and construction contract should be read together (Civ. Code, 1 § 1642) or, in any event, the equitable principles stated in Jones v. Drain (1983) 149…

2Cases cited3 opinions

  1. Jones v. DrainCalifornia Court of Appeal · 1983
  2. Berg Metals Corp. v. WilsonCalifornia Court of Appeal · 1959
  3. BMP Property Development v. MelvinCalifornia Court of Appeal · 1988

3Cited by10 opinions

  1. Pellegrini v. WeissCalifornia Court of Appeal · 2008
  2. Real Property Services Corp. v. City of PasadenaCalifornia Court of Appeal · 1994
  3. In Re Plitt Amusement Co. of Washington, Inc.United States Bankruptcy Court, C.D. California · 1999
  4. Findleton v. Coyote Valley Band of Pomo Indians, California Court of Appeal, 5th District2018
  5. Oklahoma Fixture Co. v. Ask Computer Systems, Inc.Court of Appeals for the Tenth Circuit · 1995

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