Heidt v. Miller Heating & Air Conditioning Co.

This is an appeal from that part of a severable judgment denying plaintiff attorney’s fees in his successful action against defendant for damages arising out of a breach of contract.

As part of his complaint and in his prayer, plaintiff sought recovery of such fees on the basis of a provision in the contract sued upon that “ [s]hould legal action be necessary to enforce or interpret any phase of this contract the losing party therein shall pay to the pevailing party reasonable attorney’s fees.” The trial court denied recovery, presumably on the basis that an action for damages was not an…