Brower v. EI DuPont De Nemours and Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that because the plaintiff purchased the product from a local co- op, not the defendant herbicide manufacturer, the case did not involve a “commercial transaction sufficient to implicate the terms of I.C. § 12-120(3)”
• stating that attorney fees are appropriate under I.C. § 12-120(3) when the commercial transaction is integral to the claim.
• allowing recovery of attorney fees when \commercial transaction is integral to the claim and constitutes the basis upon which the party is attempting to recover\
• allowing recovery of attorney fees when “commercial transaction is integral to the claim and constitutes the basis upon which the party is attempting to recover”
• where claim was for breach of contract, attorney’s fees were justified despite court’s ruling that a contract did not exist
• first pronouncing that “the test is whether the commercial transaction comprises the gravamen of the lawsuit.”

Source: CourtListener parenthetical corpus (CC0).