(DOWNLOAD) "Earl Barnes v. Lillian M. Hinton" by Court of Appeals of Idaho No. 13623 * eBook PDF Kindle ePub Free
eBook details
- Title: Earl Barnes v. Lillian M. Hinton
- Author : Court of Appeals of Idaho No. 13623
- Release Date : January 13, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Lillian Hinton was the prevailing party in a contract action filed against her by Earl Barnes, doing business as Barnes Realty. Her request for attorney fees was denied and she appealed. The sole issue on appeal is whether the trial court erred in disallowing Hinton's claim for attorney fees. Resolution of this question involves the determination of several subsidiary issues: (1) Did the trial court correctly conclude that I.C. § 12-120(2) is inapplicable to this case? (2) Where the contract contained a specific provision allowing Barnes attorney fees in case of suit or action on the contract, did the trial court err in failing to imply a reciprocal term allowing Hinton attorney fees? (3) Did the trial Judge err in applying I.R.C.P. 54(e) to this case? Because we conclude that Rule 54(e) was incorrectly applied, we reverse and remand. Barnes, a realtor, brought this action against Hinton for breach of a real estate listing contract. At trial the jury brought in a verdict for Hinton. The listing contract contained a provision wherein Hinton agreed to pay Barnes' attorney fees in the event Barnes had to sue to collect his commission. The contract contained no reciprocal term allowing Hinton to recover her attorney fees in case the realtor's action was unsuccessful. After the trial, Hinton filed a memorandum of costs claiming expenditure of $4,732 as attorney fees in defense of the action. Barnes filed a motion to disallow attorney fees as costs, and the trial Judge granted the motion. Hinton appealed this order.