Ross v. Cagley

Plaintiff sold a parcel of land to defendants, retaining an adjoining parcel. He subsequently brought this action to have declared his right to continue to use a well on defendants’ parcel. The trial court awarded plaintiff the right to use the well and awarded defendants damages on a counterclaim. The trial court also awarded plaintiff attorney fees, on the authority of a provision in the contract of sale between the parties. It is the award of attorney fees that defendants contest in this appeal.

Plaintiffs amended complaint alleged four different “causes of suit.” The first sought…