Fairbanks Builders v. Sandstrom Plumbing

The action brought by Sandstrom asked for payment of $28,414.75 owed it pursuant to a contract. Fairbanks Builders, Inc. in its answer denied owing the money and affirmatively counterclaimed for breach of the same contract asking $35,000.00 as damages. The jury awarded Sandstrom $12,258.61 and set off against that sum $2,383.75 which it awarded to Fairbanks Builders on its counterclaim. Sandstrom then moved for attorneys fees, submitting with the motion an affidavit of its attorney itemizing expenses and fees totaling $10,562.50. Fairbanks Builders submitted no papers in opposition to the motion, but the trial Judge of his own accord did not award the full attorneys fees to plaintiff. Rather, he reduced the award of attorneys fees to $5,500.00. In determining the fee, no findings were made.