Flying Tiger Line, Inc. v. Portland Trading Co.

The issue before us concerns the propriety of an award by the Court of Appeals of attorney fees to a successful appellant in that court. The issue arose as follows:

Portland Trading Co. sold a division of its business to Western Garment Associates, Inc. The sales agreement contained this clause:

"Section 5.2 Indemnification. Western agrees to indemnify Trading from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including reasonable attorney’s fees both at trial and on appeal) or disbursements of any kind or nature…