Cracker Barrel Old Country Store, Inc., et al. v. Richard Epperson, et al.

We accepted Cracker Barrel’s application for permission to appeal to determine whether the
contractual language–“[a]ll costs and expenses of any suit or proceeding shall be assessed against the defaulting party”–creates a contractual right to attorney fees for the successful party in a lawsuit. We determine that neither this contractual language nor the doctrine of judicial estoppel creates a right to recover such fees. Accordingly, the Court of Appeals’ judgment denying an award for attorney fees is affirmed. Tenn. R. App. P. 11 Appeal by Permission; Judgment of the Court of Appeals Affirmed