Meininger

Statement of Facts

On May 5, 1972, appellant Meininger and respondent Larwin-Northem California, Inc. entered into a written contract whereby appellant was to perform certain painting work as respondent’s subcontractor.

When a dispute arose between the parties, appellant filed a complaint for breach of contract, alleging that respondent owed him $17,384.76 under the terms of the contract. Additionally, appellant alleged that under paragraph 13 of the parties’ contract and section 1717 of the Civil Code, he was entitled to reasonable attorney’s fees in the sum of $8,000.

At a pretrial conference on May 19, 1975, the trial court disallowed appellant’s claim for attorney’s fees. The case proceeded to trial, and on May 30, 1975, the jury returned a verdict in favor of appellant in the sum of $7,589.26. Thereafter, on June 17, 1975, the court entered judgment. Appellant appeals from that portion of the judgment disallowing attorney’s fees.

Discussion

The sole issue on this appeal is whether section 1717 of the Civil Code requires an award of attorney’s fees to appellant. Section 1717, in pertinent part, reads as follows: “In any action on a contract, where such contract…