First Savings Bank v. Frey

Marquardt, J.:

First Savings Bank, F.S.B., (Bank) appeals the trial court’s ruling that it breached an escrow contract with Darrin E. Frey and Paula L. Kelly-Frey. The Freys cross-appeal the trial court’s ruling on damages and attorney fees. We affirm in part and reverse in part.

In May 1996, the Freys signed an installment contract for the purchase of real estate from the Homes. The contract stipulated that the Freys would make their monthly payments, which would include real estate taxes and insurance to an escrow agent. The Freys chose the Bank as their escrow agent. The escrow agreement…