[Download] "Bunnett V. Smallwood" by Colorado Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Bunnett V. Smallwood
- Author : Colorado Supreme Court
- Release Date : January 18, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
We granted certiorari in this case in order to decide if attorney fees could be awarded as damages in a case where the lawsuit was barred because of an agreement not to sue. The court of appeals held in Bunnett v. Smallwood, 768 P.2d 736 (Colo. Ct. App. 1988), that the defendant was entitled to recover his attorney fees and costs where the legal proceedings were instituted in violation of an agreement not to sue. We reverse the court of appeals and hold that, absent a contractual agreement or statutory or rule authority, the non-breaching party to a release is not entitled to attorney fees and costs.