McCLAIN CO., INC. v. PAGE & WIRTZ CONST. CO.

No. 15466.

694 P.2d 1349 (1985)

102 N.M. 284

The McCLAIN CO., INC., Plaintiff-Appellee, v. PAGE & WIRTZ CONSTRUCTION CO., et al., Defendants-Appellants.

Supreme Court of New Mexico.

February 5, 1985.


Attorney(s) appearing for the Case

Miller & Wess, Hartley B. Wess, Albuquerque, for defendants-appellants.

Delayo & Olson, Thomas F. Blueher, Albuquerque, for plaintiff-appellee.


OPINION

SOSA, Senior Justice.

This is an appeal from the trial court's refusal to award attorney's fees in a breach of contract action. We affirm the trial court.

The sole issue on appeal is the award of attorney's fees. The threshold question to be decided is whether there was substantial evidence to support the trial court's finding that the defendant breached his contract, making him ineligible to receive attorney's fees under the contract.

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