Horn v. Lieuallen Land and Livestock Corp.

Plaintiffs appeal that portion of a judgment which allowed attorney fees to defendant. We affirm.

Plaintiffs filed a complaint to foreclose a land sale contract against defendant buyer. The contract provided that the prevailing party in any action to enforce the contract was entitled to reasonable attorney fees. Plaintiffs alleged entitlement to attorney fees in their complaint, their amended complaint and their second amended complaint. Defendant filed motions against each of the pleadings, but did not assert a right to attorney fees. Ultimately, defendant’s motion to dismiss plaintiffs’…