Parker v. Scharbach

This is an action to foreclose a land sale contract. The trial court granted foreclosure. After a hearing on defendant Scharbach’s objections to plaintiffs’ statement of costs and disbursements, the court awarded plaintiffs a judgment against Scharbach and McAdams for costs and disbursements and a judgment against McAdams for plaintiffs’ reasonable attorney fees. Plaintiffs appeal and argue that it was error to deny them a judgment against Scharbach for the attorney fees. We affirm.

In 1977, plaintiffs and Scharbach entered into a land sale contract. In 1980, Scharbach assigned his purchaser’s…