Dean Vincent, Inc. v. Krishell Laboratories, Inc.

Plaintiff, a real estate broker, brought an action for damages for breach of a broker’s contract. The contract had a provision for attorney’s fees should the broker be successful in an action upon the contract. Defendant filed both an answer denying breach of con tract and a counterclaim requesting attorney’s fees. Two days prior to trial plaintiff requested and was granted a judgment of voluntary nonsuit. The trial court denied defendant attorney’s fees and defendant appealed.

The sole issue on appeal is whether under such circumstances defendant is entitled to attorney’s fees under the…