Barber v. Peringer

Shirley Peringer appeals a summary judgment order awarding attorney fees to Debra and Fred Barber for a quiet title action involving property she sold to the Barbers. We conclude that Peringer’s duty to deliver good title and the attorney fees provision of the sales agreement both merged into the statutory warranty deed. Under applicable case law, there is no basis for an award of attorney fees for a breach of the covenants contained in a statutory warranty deed. Accordingly, we reverse the award. Because there are no disputed facts, we also direct the trial court to enter summary judgment in…