Reynolds Metals Co. v. Alperson

Opinion

CLARK, J.

Plaintiff appeals from judgment awarding defendants $80,500 attorney’s fees. We reverse.

Defendants, shareholders and directors of Titanium Metallurgical, Inc. (TMI), owned and operated a subsidiary, Turner Metals Supply, Inc. (Turner). Plaintiff supplied aluminum goods and products to Turner pursuant to a general line consignment agreement executed in 1971. TMI signed the agreement as guarantor of Turner’s payments. The. agreement contained no provision for recovery of attorney’s fees in the event of breach.

In January 1973, Turner, with TMI as indorser, executed and delivered…