Ganey v. Doran

In Ganey v. Doran (1987) 191 Cal. App. 3d 901, a seller of real estate sued for non-payment of a promissory note and for money due on a dishonored check. The buyer cross-complained for fraud in connection with the real estate purchase contract. Neither the promissory note nor the addendum pursuant to which the buyer had tendered the dishonored check contained an attorney's fees provision. However, the purchase contract provided for fees in an action to enforce the contract. On those facts, the court held: "We must presume that the sales agreement containing the attorney fees provision, the addendum to that agreement, and the promissory note were found to constitute one contract. Since we have already determined that the attorney fee provision applies to the contract in its entirety, plaintiff's action to recover monies due pursuant to the addendum and to enforce the terms of the executed promissory note constitute a proper basis upon which to justify the court's award of attorney fees pursuant to Civil Code section 1717."