Selective Services, Inc. v. AAA Liquidating & Auction Service, Inc.

Defendants appeal from the judgment for plaintiff Selective Services, Inc. (plaintiff), assigning error only to the trial court’s disposition of the parties’ claims for costs and attorney fees. We affirm in part and reverse in part.

Plaintiff and defendant AAA Liquidation and Auction Services, Inc. (AAA), entered into a contract for the sale of 20,000 Christmas tree stands for $40,000. AAA’s agent, defendant Michael Sanford, examined the stands and prepared a written contract that provided, in part:

“AAA Liquidating has agreed to pay [$]2.00 per X-mas tree stand and will not hold Selective…