Miller v. Fernley

Plaintiffs brought this suit to foreclose a land sale contract involving the sale of commercial rental property. The trial court, in entering its decree, denied foreclosure to plaintiffs and denied attorney fees to all parties. Plaintiffs appeal.

The evidence reveals the following relevant facts. Mr. Hodes, fee simple title owner of the property and not a party to this suit, sold the property to the Millers, plaintiffs herein, under a land sale contract. Plaintiffs sold their interest therein to Bohlmann under a separate land sale contract (not by assignment of the Hodes-Miller contract).…