Stacey Properties v. Wixen

BENCH, Judge:

Plaintiff appeals from final judgment on an action to accelerate the balance due on a promissory note. Defendants appeal from final judgment on their counterclaim for breaches of warranty and contract. There are three issues presented for review. First, did the trial court err in dismissing plaintiff’s claim for acceleration of the balance owed on the promissory note? Second, did the court err in measuring damages to be awarded defendants on their counterclaim? Third, did the court err in failing to award attorney fees? We affirm in part, reverse in part, and remand.

This dispute…