Chapman v. Engel

PRESIDING JUSTICE WOLFSON

delivered the opinion of the court:

We are called on to construe a fee-shifting provision in a home purchase contract, no simple matter considering the way the bench trial concluded.

Each side claimed the other materially breached the contract. The trial court held neither one of them did, although the plaintiffs did get back the earnest money they sued for.

Plaintiffs contend they should be awarded attorney fees and costs because they were the “prevailing Party” as that term is used in the contract. The trial court held they were not entitled to fees and costs because…