Erlenbush v. Largent

Plaintiff, Karen Erlenbush, bought a house from defendant, Gregory W. Largent, and discovered it was infested with termites. She sued him for fraud, prevailed, and was awarded damages. The real-estate purchase contract provided that if one party brought “an action against the other with respect to this contract,” the prevailing party was entitled to attorney fees. Interpreting that provision as encompassing only actions for breach of contract, the trial court denied plaintiffs request for attorney fees. The court found, however, that if plaintiff were contractually entitled to attorney fees,…