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SCIARROTTA v. TEAFORD CUSTOM REMODELING, INC.

Docket No. 21068.

110 Cal.App.3d 444 (1980)

167 Cal. Rptr. 889

ROSS SCIARROTTA et al., Plaintiffs and Appellants, v. TEAFORD CUSTOM REMODELING, INC., et al., Defendants, Cross-complainants and Respondents; DEAN ROOFING COMPANY, INC., et al., Cross-defendants and Respondents.

Court of Appeals of California, Fourth District, Division Two.

September 19, 1980.

Attorney(s) appearing for the Case

COUNSEL

Jacoby & Meyers, David R. Cadwell and Susan Marlow for Plaintiffs and Appellants.

Bruggeman & Smith and Cyrus J. Lemmon for Defendants, Cross-complainants and Respondents.

No appearance for Cross-defendants and Respondents.

OPINION

McDANIEL, J.

In this case we are called upon to decide whether to apply section 1717 of the Civil Code in favor of a promisor who sued successfully to enforce a right under the contract not related to the provision providing for fees in favor of the promisee. Here a standard printed form used by the parties as a memorial of their building contract provided for such fees...

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