Lewis

As now limited, the appeal of defendant Alpha Beta Company from the judgment entered below, challenges only the rulings made on its motions to strike and/or tax costs. It contends: “[I], It was error to award attorney’s fees and costs to plaintiffs [Joby and Helen Lewis] since they were not prevailing parties in the action. [II]. There is no contractual or statutory basis for plaintiffs to recover attorney’s fees against Alpha Beta.”

The proceeding underlying this appeal arose as the result of a dispute over whether Alpha Beta could lawfully compete with the Lewises by selling alcoholic beverages at one of its supermarkets. Both Alpha Beta and the Lewises leased their facilities from Bassett Land Company, who is no longer a party to this appeal.

Briefly stated, the evidence established that on November 28, 1962, Alpha Beta entered into a written lease with Bassett Land Company which provided for the rental of certain premises at a shopping center. For more than 50 years of its operation, Alpha Beta, the preparer of this lease, had excluded alcoholic beverages from its product line. As a consequence, this agreement required that a liquor store operated by third parties…