A family-owned walnut farm in California that won $4.5 million from a nursery for breach of warranty is out $750,000 in attorney fees. A California appellate court reversed the fee award because the contract that Brittalia Ventures relied on at trial didn't contain a fees provision. At trial, the nursery had tried to rely on a separate contract that had a fee provision. "Brittalia has gotten its contractual cake," Justice Rodney Davis wrote for the court, "and will now have to eat its own attorney fees."
July 12, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
For the lack of a contract with an attorney fees provision, a family-owned walnut farm about 15 miles northeast of Stockton, Calif., is out $750,000 in fees.
Brittalia Ventures got the bad news on Tuesday when California’s 3rd District Court of Appeal reversed the fee award, which had followed the farm’s $4.5 million victory in a breach-of-warranty suit against Stuke Nursery Co. Inc.
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