Foote v. Clark

I concur in reducing the amount of nominal damages to $1 and in vacating the award of attorney fees made by the trial court. However, I would not remand the case to the trial court for re-determination of the fees. While it is true that the Clarks defaulted on the agreement, thus entitling the Footes to a reasonable attorney fee, a reasonable amount under the circumstances of this case is only $1.

Wdien the Footes filed this action, they had no evidence that the property was worth more than the amount for which they had offered to buy it and for which it was later sold to a third party. They…