Malot v. Hadley

How courts have described this case

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

• attorney fees incurred to defend contract action must be segregated from counterclaim based on indemnity agreement
• the trial court was required, if possible, to segregate the fees incurred under the note which attorney fees were allowable and the indemnity agreement which fees were not recoverable
• “Attorney fees cannot be allowed on appeal in the absence of express language authorizing attorney fees on appeal.” (Emphasis omitted.)
• “The rule is clear: Attorney fees cannot be allowed on appeal in the absence of express language authorizing attorney fees on appeal.” (Emphases in original.)
• “The trial court committed legal error. It was required to segregate, if possible, attorney fees incurred” in defending claims subject to an attorney fee provision from those incurred in defending claims not subject to the provision.

Source: CourtListener parenthetical corpus (CC0).