Gorman v. Boyer

This is an appeal from an order denying attorney fees to defendant in an action on a contract which provided that in the event of litigation the plaintiff was to be paid "such reasonable attorneys’ fees as may be fixed by the court on trial and on appeal.”

In their pleadings both plaintiff and defendant requested attorney fees. The case went to trial with both parties offering evidence on the merits of the case. Neither party offered any evidence as to the reasonable value of attorney fees, nor was there any stipulation on that subject.

The trial court took the case under advisement and by…