Cook v. Harrington

The defendants, Edward J. and Marcelle D. Harrington, the prevailing parties in trial court, appeal an order of the Gallatin County District Court denying their post-summary judgment motion for attorney fees based on a real estate buy-sell agreement which provided that the prevailing party in an action commenced on the contract would be entitled to recover attorney fees. The trial court erroneously applied the bill of costs statute (section 25-10-501, MCA) and ruled that the time for claiming attorney fees had expired. Harringtons contend that in essence they moved to amend the judgment, and…