American Sign Co. v. Falconer

FRANK, Acting Chief Judge.

In this contract dispute, the trial court reduced the attorney’s fees reasonably incurred by American Sign Company, the prevailing party, because American Sign had refused an internal offer of settlement. This reduction effectively denied the prevailing party’s right to attorney’s fees. We reverse.

American Sign Company and Ronald Falconer contracted for the purchase and installation of a sign. The total charge for the services, less a deposit, was $4,389.88. That amount, however, included $154 for specific charges which Falconer disputed. He refused to pay and…