Horning v. Shilberg

Opinion

IRION, J.

Plaintiff Thomas A. Homing appeals a judgment awarding attorney fees and costs under Civil Code section 1717 to defendant Harold Shilberg as the prevailing party on Homing’s claim for breach of contract to convey real property. Homing contends the trial court was not authorized to modify its orally announced tentative decision. Homing further contends he should have been awarded as damages: (1) a commission of $21,450; (2) resale profits of $205,000; and (3) $43,833 to cover the tax consequences of Shilberg’s breach. Finally, Homing asserts the court abused its discretion in…