NOTTINGDALE HOMEOWNERS' ASSN., INC. v. DARBY

No. 86-1518.

33 Ohio St. 3d 32 (1987)

NOTTINGDALE HOMEOWNERS' ASSOCIATION, INC., APPELLANT, v. DARBY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided October 14, 1987.


Attorney(s) appearing for the Case

Barron & Peck and Daniel M. Bennie, for appellant.

Howard F. Breitholle, for appellees.


DOUGLAS, J.

This is a case of first impression requiring us to determine whether two parties, in a non-commercial transaction, may lawfully contract to require, in a suit between them, the payment by the unsuccessful party of the prevailing party's attorney fees. We hold that they may do so and, accordingly, reverse the decision of the court of appeals.

A majority of state supreme courts currently recognize and follow the "American Rule" regarding the recovery...

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