Gorman Et Ux v. Jones Et Ux

This is a suit for a declaratory judgment in which plaintiffs seek a determination of their rights under a written right-of-way agreement. Plaintiffs also pray for a judgment allowing them attorney’s fees in accordance with the terms of that agreement. Defendants appeal from a decree interpreting the agreement in accordance with plaintiffs’ prayer. Plaintiffs cross-appeal from that part of the decree denying plaintiffs an award’of attorney’s fees.

On March 26, 1954 plaintiffs, and defendants entered into an agreement entitled “Right-of Way Agreement” which granted a non-exclusive easement of…