Prince v. Thompson Building Materials CA2/2
Thompson Building Materials (Thompson) appeals from an order denying its request for attorney fees following judgment entered in its favor and against respondents Jefferey A. Prince and Sherri Prince (collectively, the Princes) after a bench trial.
In April 2009, the Princes filed suit against Thompson based on its sale of defective flagstone to their masonry subcontractor, Simich Construction, Inc. (Simich) (Thompson/Simich contracts). The Princes sought, among other things, to enforce contractual warranties under a third party beneficiary theory. Although the Thompson/Simich contracts contained an attorney fees provision, the trial court denied Thompson’s request for attorney fees, ruling the express language of that provision only affected the buyer and seller to the agreement, that is, Thompson and Simich, and not the Princes as third party beneficiaries.
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