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Seattle-First National Bank2/25/1992
-/REF--> 11, 19, 390 P.2d 677, 396 P.2d 879 (1964).
Here, the Siebols' expert provided a framework using Mr. Siebol's actual losses and national industry averages, while Seafirst's expert provided details regarding local businesses. Both experts are certified public accountants who used similar methods: one arrived at a figure of $65,000, and the other, a figure of $20,400. In the end, the court fashioned an equitable remedy. The court's award is between the projections of the two experts; we will not disturb it.
The court's decision to limit damages to 1 year is supported by its finding the extension of credit would have been nonrevolving and reviewable at the end of the first year. Substantial evidence supports the finding. The court's remedy is equitable, which is the goal in a promissory estoppel case.
Attorney Fees
The Siebols contend Seafirst should not have been awarded attorney fees because most of the trial focused on their counterclaim and affirmative defense, and the amount of the equitable offset awarded as recoupment. They argue Seafirst was not the prevailing party on the issue of promissory estoppel: it did not improve its position at trial and had an offset judgment entered against it. The argument is without merit. Attorney fees may be awarded only when authorized by a private agreement, statute, or a recognized ground of equity. Clark v. Horse Racing Comm'n, 106 Wash. 2d 84, 720 P.2d 831 (1986). Pursuant to RCW 4.84.330, the prevailing party in an action to enforce or defend a contract is entitled to attorney fees and costs when the contract so provides. Seafirst sued to collect under the terms of the Siebols' promissory notes, mortgages, security interests, and deeds of trust. Those documents expressly provide for costs of collection including attorney fees. The award of an
equitable offset does not make the Siebols a prevailing party entitled to fees under RCW 4.84.330.
The judgment of the trial court is affirmed.
Disposition
Holding that the doctrine of a continuing relationship did not toll the statute of limitation, that the business owners' affirmative defense was not time barred, that application of promissory estoppel was supported by substantial evidence, that the new business could recover lost profits under the doctrine of promissory estoppel, and that the new business was not entitled to an award of attorney fees, the court affirms the judgment.
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