Stasch v. '69 Investment, Inc.

This is an action for common-law fraud and statutory violations arising out of plaintiffs’ purchase of a parcel of real property. The trial court dismissed the action as a sanction for plaintiffs’ failure to appear for depositions. Defendants then moved for an award of attorney fees on the basis of a fee provision in the real estate sales agreement executed by the parties, but the trial court denied the motion on the ground that this is a tort action, and thus, the contractual fee provision is inapplicable. On appeal, plaintiffs contend that the trial court failed to make findings that are…