Jenkins v. Bailey

HOWE, Justice:

This is a breach of contract case in which defendant Ronald L. Bailey appeals, contending the trial court erred in (1) refusing to award him attorney’s fees after finding that Zion Realty and David Limbacher, third-party defendants, had breached the contract; and (2) awarding fees against him on Zion and Limbacher’s counterclaim.

Bailey bought a service station lot from plaintiff Jenkins, who reserved the right to later remove certain signposts which he left on the property. Bailey subsequently sold the property to Zion and Limbacher, writing by hand on the Earnest Money Receipt…