Douglas E. Barnhart, Inc. v. CMC Fabricators, Inc.

Opinion

IRION, J.

In this appeal from an order denying a motion for an award of attorney fees, we must decide whether a defendant who defeats a claim for breach of contract but loses a related claim for promissory estoppel is entitled to recover attorney fees when the alleged contract provides the prevailing party in any dispute between the parties shall recover such fees. We hold such a defendant is entitled to recover the attorney fees reasonably incurred in defeating the breach of contract claim. We therefore reverse the trial court’s order and remand for further proceedings.

I

BACKGROUND

In…