Sessions Payroll Management, Inc. v. Noble Construction Co.

Opinion

KITCHING, J.

Introduction

Plaintiff Sessions Payroll Management, Inc. (Sessions) did not sign and was not a party to a written contract between defendant general contractor Noble Construction Company, Inc. (Noble) and David Mackey Drywall (Mackey). The Noble-Mackey contract provided that the prevailing party in an action to enforce the contract would receive attorney fees. After sustaining a demurrer without leave to amend to Sessions’s third party beneficiary breach of contract claim against Noble, the trial court awarded attorney fees in favor of Noble based on the contractual attorney…