Cobabe v. Crawford

BENCH, Judge:

Defendants appeal the denial of attorney fees in a breach of contract action voluntarily dismissed with prejudice. We reverse the denial of attorney fees and remand for a reasonable award.

This appeal stems from the sale of a Toyota dealership in St. George, Utah, on January 24, 1985, by defendants B. Glen Crawford, Paula Crawford, and Crawford Investment Company. The buyers, plaintiffs H. LeRoy Cobabe and Lewis R. Can-field, brought suit eleven months after the sale, claiming that defendants breached a noncompetition clause in their written sales contract. After two and one-half…