Tarr v. Honea

S.A. Tarr appeals an order denying his motion to tax costs and attorney’s fees. We reverse because the trial court abused its discretion in failing to award attorney’s fees under a prevailing party provision in a contract.

On June 25, 2004, Tarr, as seller, and appellee, John Honea, as buyer, entered into a contract for the sale and purchase of real property. The contract provided that the property was to be sold “as is” and gave the buyer a 20 day inspection/due diligence period. At the end of the 20 day period, the buyer had the option of either terminating the contract or proceeding to…