Mellor v. Chamberlin

(dissenting in part)—I dissent from that portion of the majority's opinion which would award attorney's fees to Mr. Mellor. Attorney's fees may be recovered only when authorized by a private agreement of the parties, a statute or a recognized ground of equity. Pennsylvania Life *386Ins. Co. v. Department of Empl. Sec., 97 Wn.2d 412, 413, 645 P.2d 693 (1982). The majority states RCW 64.04.030 "evidences a legislative intent to include attorney's fees as damages when an action for breach is brought in good faith by the covenantee against the covenantor." No authority is cited for that assumption.…