Capital Hill Shopping Center v. Miles

HAROLD W. CODER, Jr. District Judge;

sitting in place of Mr. Justice Harrison, delivered the opinion of the Court.

This Court is asked to review a determination by the district court, Lewis and Clark County, denying liability of seller for attorney fees incurred by the purchaser of a shopping center in defense of a claim by a tenant asserting an exclusive lease.

The facts, or so much of them as are necessary to satisfy this inquiry are:

Third party defendant and respondent W. R. Miles, Jr. (Miles) promoted and developed the Capital Hill Shopping Center in Helena and in 1964 leased space to W. A.…