Carr v. Enoch Smith Co.

OPINION

ORME, Judge:

Appellant Thomas Carr appeals from a district court judgment dismissing his action and awarding attorney fees and costs to respondent Enoch Smith Company (“Smith”). We affirm the judgment, except as to the attorney fees.

With the exception of findings pertinent to the question of fees, the trial court’s findings of fact are largely undisputed. 1 The facts recited here are therefore drawn, primarily, from the unchallenged findings. 2

On March 29,1978, Carr’s uncle, expressly acting for Carr, entered into an “Earnest Money Receipt and Offer to Purchase” with Smith. Under the…