California Court of Appeal

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Douglas E. Barnhart, Inc. v. CMC Fabricators, Inc., D060849

In a general contractor's suit against a subcontractor for breach of contract and promissory estoppel, trial court's denial of defendant's motion for an award of attorney fees is reversed and remanded, where when a defendant defeats a claim for breach of contract but loses a related claim for promissory estoppel, defendant is entitled to recover the attorney fees reasonably incurred in defeating the breach of contract claim when the alleged contract provides the prevailing party in any dispute between the parties shall recover such fees.

Appellate Information

  • Decided 11/20/2012
  • Published 11/20/2012


  • Irion


  • California Court of Appeal


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