Fingold v. Cook

OPINION ON REHEARING

HUTSON-DUNN, Justice.

We overrule appellee’s motion for rehearing, withdraw our opinion of February 16, 1994, and substitute this opinion in its stead.

*580Appellee, David Cook (seller), sued appellant, Douglas Fingold (buyer), for breach of an earnest money contract, demanding the release of $1,000 in earnest money. Buyer filed an answer and counterclaimed alleging that he had the right to the money. The case was tried to a jury; however, the trial court granted seller’s motion for directed verdict on the case and submitted the question of attorney’s fees to the jury. The jury…