James Payton v. John Digiacomo and Daveen Digiacomo

■ MULLINS, J.

John and Daveen DiGiacomo appeal from a district court order denying them application for attorney fees pursuant to a remedies clause of a purchase agreement with James Payton. Payton brought a breach-of-contract claim against the DiGia-comos, and a jury found for the DiGiaco-mos. The DiGiacomos contend they are entitled to attorney fees as the prevailing party in the action. The district court denied their claim and we affirm.

I. BACKGROUND FACTS AND PROCEEDINGS.

Appellant sellers, John and Daveen DiGiacomo (DiGiacomos), 1 sold a home pursuant to a purchase agreement to appellee…