O'CONNELL v. Will
Alaska Supreme Court
1DissentFabe, Justice
I disagree with the court's conclusion that the contract between O'Connell and the Wills authorizes the award of post-judgment collec*48tion costs. In my view, the attorney's fee provision in the contract simply does not contemplate these expenses. The contract provides that the signatories "promise[ ], in case suit is instituted, to collect this note, or any portion thereof, in addition to the costs and disbursements of said suit, a reasonable attorney's fee in such suit or action ...." (Emphasis added.) Because the phrase "reasonable attorney's fee in such suit or action" cannot be construed…
2Cases cited14 opinions
- O'Link v. O'LinkAlaska Supreme Court · 1981
- Strenge v. ClarkeWashington Supreme Court · 1977
- Alaska State Housing Authoarity v. Riley Pleas, Inc.Alaska Supreme Court · 1978
- International Sales-Rentals Leasing Co. v. NearhoofSupreme Court of Florida · 1972
- Western Pioneer, Inc. v. Harbor Enterprises, Inc.Alaska Supreme Court · 1991
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