Wean Water, Inc. v. Sta-Rite Industries, Inc.

OPINION

MEYERSON, Presiding Judge.

I. FACTS

This case raises the previously unanswered question of whether attorney’s fees awarded under A.R.S. § 12-341.01.C. are limited to the amount paid or agreed to be paid by the client.

In 1976, appellee Sta-Rite Industries Inc. sold its Phoenix water conditioning business to appellants, Wean Water, Inc. and the Koglmeiers (referred to herein collectively as Wean Water). In 1978, Wean Water sued Sta-Rite alleging breach of contract, misrepresentation and fraud resulting from the sale. Sta-Rite counterclaimed for breach of contract and balances due on a…