Ross v. Hacker

PEARSON, Judge.

The appellants successfully defended an action brought by the appellee for specific performance of a contract to sell real property. The appellee claimed the right to purchase the property through an assignment of the contract. The contract provided for costs and attorney’s fees as follows : “In connection with any litigation arising out of the contract, the prevailing .party shall be entited [sic] to recover all costs incurred, including reasonable attorney’s fees.”

The final judgment dismissing appellee’s complaint was entered March 23, 1973; it contained the following…