Pastega v. Zwald

Defendant appeals the trial court’s denial of attorney fees for her successful defense in an action for specific performance of an earnest money agreement. Plaintiff cross-appeals on the merits. We reverse on the attorney fees issue but affirm on the merits.

Defendant agreed to sell real property to plaintiff for $57,000 by an earnest money agreement executed on March 26,1979. The contract contained a time of the essence clause and allowed plaintiff 60 days to obtain a building permit and either a septic tank or sewer permit. Provision was also made for “the prevailing party’s reasonable…