Mosley Machinery Co. v. Gray Supply Co.

In both of these cases the appellees, after prevailing in cases in this court, have asked for an award of attorneys’ fees pursuant to Ark. Code Ann. § 16-22-308 (Supp. 1991). They cite one of our cases, Crisco v. Sun Industries, 304 Ark. 227, 800 S.W.2d 717 (1990), and two court of appeals cases, ERC Mortgage Group, Inc. v. Luper, 33 Ark. App. 9, 799 S.W.2d 571 (1990) and Olaimey v. Turk, 33 Ark. App. 28, 799 S.W.2d 572 (1990), as authority for the award of attorneys’ fees in the appellate court on appeals involving contract cases.

In University Hospital v. Undernher, 307 Ark. 445, 821 S.W.2d…