ATLAS SUPPLY, INC. v. REALM, INC.

No. 66504-9-I.

281 P.3d 689 (2012)

ATLAS SUPPLY, INC., Appellant, v. REALM, INC., a corporation; David L. Follett and Jane Doe Follett, a marital community, Respondents. Contractors Bonding and Insurance Company, a domestic/foreign insurance company; American Contractors Indemnity Company, a domestic/foreign insurance company; and State of Washington Department of General Administration, a Washington state public entity, Defendants, Atlas Supply, Inc., Third Party Counterclaimant/Plaintiff, Lava-Liner, Ltd., a foreign limited partnership; and Pacific Polymers International, Inc., a foreign corporation, Third Party Defendants, Realm, Inc., a corporation, and assignee Realm, Inc., a corporation, and assignee of General Administration, a Washington State public entity, and assignee of KMB Design Groups, Inc., P.S., a Washington corporation, Fourth Party Plaintiff, Tim and Jane Doe Vanderlinda, a marital community; Lava-Liner, Ltd., a foreign corporation, Fourth Party Defendants.

Court of Appeals of Washington, Division 1.

July 30, 2012.


Attorney(s) appearing for the Case

Randall Thiel , Kathryn Keaton , Thiel Keaton PLLC, Seattle, WA Philip Talmadge , Talmadge/Fitzpatrick, Tukwila, WA, for Appellant.

Thomas Miller , Jennifer Modak , Miller Law Office PS, Tumwater, WA, for Respondents.


LEACH, C.J.

¶ 1 Atlas Supply Inc. appeals the amount of attorney fees and costs the trial court awarded it. Atlas sued Realm Inc. and David L. Follett and Carrie L. Follett (Realm) to recover payment for construction materials sold on credit. Realm asserted counterclaims for breach of contract, breach of warranty, and negligent misrepresentation. Based on an agreement that authorized "the costs of collection, including reasonable attorney fee," the trial court...

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