Herzog Aluminum, Inc. v. General American Window Corp.
Court of Appeals of Washington
1Opinion of the CourtSwanson, J.
— This appeal presents an issue of first impression in this state. Is a defendant who successfully defends a breach of contract lawsuit by proving the absence of an enforceable contract entitled to attorney fees on the basis of the purported contract sued upon which would have allowed attorney fees to the plaintiff and on the basis of RCW 4.84.330 which directs that a unilateral provision for the payment of attorney fees in a contract be applied bilaterally?
Herzog Aluminum, Inc. (Herzog) brought an action for breach of contract against General American Window Corporation (General American)…
2Cases cited16 opinions
- Hearst Corp. v. HoppeWashington Supreme Court · 1978
- Reynolds Metals Co. v. AlpersonCalifornia Supreme Court · 1979
- State v. CarrollWashington Supreme Court · 1972
- Babcock v. OmanskyCalifornia Court of Appeal · 1973
- North Pacific Plywood, Inc. v. Access Road Builders, Inc.Court of Appeals of Washington · 1981
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