Gerdin v. Princeton State Bank

OPINION

STONE, Judge.

A judgment granting recision of a sale and awarding damages, but not attorney fees, is appealed.

Appellant argues the district court improperly refused to hold a trial on the merits of his claim. Appellant further alleges that the court failed to restore him to his pre-sale position when it refused to award him his attorney fees.

Appellant seeks a remand for trial and an award of attorney fees as a matter of law, subject to proof as to amount.

FACTS

Gerdin Transfer, Inc. defaulted on a mortgage held by respondent, Princeton State Bank. Attorneys Louis and John Hoffman were…