Myers Building Industries, Ltd. v. Interface Technology, Inc.

How courts have described this case

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

• finding that section 1717 of the California Civil Code, which governs the award of attorney’s fees in contract suits, is only triggered when an agreement specifically provides for attorney’s fees “in an action on the contract.”
• indemnifying against losses “arising ... out of ... the performance of this Agreement”
• “The provisions of Civil code section 1717 were never intended to inflict upon the indemnitee the obligation to indemnify his indemnitor in similar circumstances.”
• “[a]n 19 indemnitor in an indemnity contract generally undertakes to protect the indemnitee against loss or 20 damage through liability to a third person.”
• contract clause by which one party promised to indemnify the other from “any, all and every claim which arises out of the performance” of the contract dealt only with third party claims
• “An award of punitive damages is not supported by a verdict based on breach of contract, even where the defendant’s conduct in breaching the contract was wilful, fraudulent, or malicious.”

Source: CourtListener parenthetical corpus (CC0).