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KAINTZ v. PLG, INC.

No. 61333-2-I.

197 P.3d 710 (2008)

Timothy J. KAINTZ and Kerri Kaintz, Husband and Wife, and their Marital Community, and Kelmark, LLC, Respondents, v. PLG, INC., a Washington corporation, Appellant.

Court of Appeals of Washington, Division 1.

December 15, 2008.

Attorney(s) appearing for the Case

Darren Anthony Feider, Daniel W. Ferm, Williams Kastner & Gibbs PLLC, Seattle, WA, for Appellant.

George Alfred Purdy, Attorney at Law, Seattle, WA, for Respondents.

¶ DWYER, A.C.J.

¶ 1 Mutuality of remedy is an equitable principle, recognized in the case law of Washington, that can support the award of attorney fees to the prevailing party in an action brought on a contract. Today we explicitly hold that this equitable principle can support such an award even in circumstances in which the party that prevailed did so by establishing that the contract at issue was unenforceable or inapplicable. Accordingly, we affirm...

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