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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kintner v. Harr, 408 P.2d 487 (1965)

Citation
Kintner v. Harr, 408 P.2d 487 (1965)
Parent Document
Kintner v. Harr, 408 P.2d 487 (1965)
Jurisdiction
Montana (state)
Effective Date
1965-12-08

Other Sections in This Document (95)

Full Text

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Furthermore, it is not open to argument that in normal contract actions, attorney’s fees are not to be included in the damages awarded. See Smith v. Fergus County, 98 Mont. 377, 39 P.2d 193. Consequently, we reverse the judgment by way of indemnity awarding counsel fees to Mr. Eiggs; that he was forced to defend the plaintiff’s action by the default of Harr is not questioned. But these counsel fees were incurred in his resistance to a claim for which he himself was liable. Only the costs recoverable in a contract action must be borne by Harr. Counsel fees under our law are no part of those costs. Neither has it been shown by the evidence that the parties intended them so to be, nor that a rule of the court did make or could have made them so.