Fikes v. Keller

I concur generally with the result reached by the majority.

The general rule is that attorney’s fees are recoverable only when authorized by statute, provided in a contract, or in an equitable proceeding when efforts of an attorney create a fund out of which fees may be paid. Peseau v. Civil Service Board of Tuscaloosa County, 401 So.2d 79 (Ala.Civ.App.1981). See also Ex Parte Handley, 460 So.2d 167 (Ala.1984).

In this instance, by the wording of the contract, it is clear that the seller is obligated to bear the cost of a reasonable attorney’s fee as a result of the seller’s breach. The instant…