California, United States of America
The following excerpt is from Hunt v. Smyth, 101 Cal.Rptr. 4, 25 Cal.App.3d 807 (Cal. App. 1972):
"An agreement for payment of attorney's fees of the prevailing party is enforceable as an item of special damages, and a contract may permit recovery of attorney's fees in the event of suit to enforce the contract. [Citations.]" (Wiener v. Van Winkle (1969) 273 Cal.App.2d 774, 784, 78 Cal.Rptr. 761, 767.) "The purpose of upholding an attorney's fees provision in a promissory note is to allow a plaintiff to recover the full amount due him without such amount being diminished by attorney's fees." (Id., at p. 788, 78 Cal.Rptr. at p. 770.)
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