R.W.L. Enters. v. Oldcastle, Inc.

*1022 All Masonry & Landscape Supply (All Masonry) appeals a postjudgment order awarding attorney fees to Oldcastle, the prevailing party in a breach of contract action. 1 We conclude the award of attorney fees was erroneous because the contract that All Masonry sued on did not provide *1023 for the recovery of attorney fees. Although a later agreement between the parties did include an attorney fee provision, the trial court erred in construing the two instruments together pursuant to Civil Code section 1642. 2 *680 FACTUAL AND PROCEDURAL BACKGROUND

Oldcastle manufactures masonry and concrete products, including its Belgard-branded concrete pavers and segmented retaining walls. All Masonry distributes landscape supplies and concrete products to customers. All Masonry claimed that in 2001, it entered into an agreement with Oldcastle to be Oldcastle's exclusive dealer of Belgard products in San Diego County.

The 2001 dealer agreement was part written and part oral. The written portion consisted of a document titled "Belgard Authorized Dealer Agreement" signed by both parties. Within that document, Oldcastle offered All Masonry training and technical support, while All Masonry…