Sciarrotta v. Teaford Custom Remodeling, Inc.

Opinion

McDANIEL, J.

In this case we are called upon to decide whether to apply section 1717 of the Civil Code in favor of a promisor who sued successfully to enforce a right under the contract not related to the provision providing for fees in favor of the promisee. Here a standard *446printed form used by the parties as a memorial of their building contract provided for such fees to be awarded to the defendant building contractor should it be forced to sue to recover “the contract price” due under the contract. The action in the trial court, however, was brought by the owner plaintiffs for an…