Peters v. Fenner

This is' an action by the purchasers under a contract for deed to require the vendors to specifically perform the contract.

The issues are (1) whether the contract permits prepayment of the purchase price; and (2) whether the purchasers were entitled to attorneys’ fees. The trial court held that the purchasers were entitled to prepay the contract, as to which we affirm, and awarded the purchasers attorneys’fees, as to which we reverse.

The earnest money contract entered by the parties provided in part as follows:

“* * * [T]he seller, has this day sold to the buyer for the sum of Thirty-Four…