Butler v. Benefield

ROBERTSON, Justice.

Plaintiffs Ricky J. Benefield and Terri D. Benefield, husband and wife, sought to recover damages and attorney’s fees for defendant’s failure to comply with the terms of a contract for the sale of real estate. Defendant Frank Butler appeals from the adverse judgment of the trial court that was based as to liability on a partial summary judgment, and as to damages and attorney’s fees on jury findings. We reverse and remand for trial on the issue of liability, but we do not disturb the findings on damages and attorney’s fees.

On February 27, 1978, plaintiffs and defendant…