Myers v. Kayhoe

In this case, we must decide three issues arising out of a contract for sale of real estate. Appellants ask us to reverse the trial court’s refusal, after granting summary judgment to appellants in their action to recover their deposit, to award attorney’s fees under a provision in a sale contract providing for the award of attorney’s fees to the prevailing party in a dispute under the contract. Appellees, in their cross-appeal, ask us to reverse the trial court’s grant of summary judgment, arguing that there were remaining disputes of material fact as to whether a financing commitment…