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HERZOG ALUMINUM v. GENERAL AMERICAN

No. 11672-0-I.

39 Wn. App. 188 (1984)

692 P.2d 867

HERZOG ALUMINUM, INC., Appellant, v. GENERAL AMERICAN WINDOW CORPORATION, Respondent.

The Court of Appeals of Washington, Division One.

December 17, 1984.

Attorney(s) appearing for the Case

Olwell, Boyle & Hattrup and Clinton H. Hattrup, for appellant.

Lane, Powell, Moss & Miller and Ellen Pfaff, for respondent.

SWANSON, J.

This appeal presents an issue of first impression in this state. Is a defendant who successfully defends a breach of contract lawsuit by proving the absence of an enforceable contract entitled to attorney fees on the basis of the purported contract sued upon which would have allowed attorney fees to the plaintiff and on the basis of RCW 4.84.330 which directs that a unilateral provision for the payment of attorney...

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