Blair Enterprises v. M-B Super Tire Market, Inc.
Blair Enterprises v. M-B Super Tire Market, Inc.
Opinion of the Court
The plaintiff, by the terms of a written Real Estate Purchase Contract, dated March 1, 1965, agreed to sell to the defendant, and the defendant agreed to purchase, certain described real property at 445 South Main Street in Salt Lake City,
There being no restrictions in the real estate purchase contract against its assignment, and the contract requiring the plaintiff to convey to the defendant or its assigns, the assignment was, and is, in all particulars valid, legal and enforceable as against the plaintiff. 92 C.J.S. Vendor and Purchaser § 311, p. 192 and cases cited.
The real estate purchase contract provides that the defaulting party shall pay all costs and expenses, including a reasonable attorney’s fee. The trial court awarded the respondent, Alvin I. Smith, judgment against the plaintiff for the sum of $1,500 as attorney’s fees accrued from enforcing the contract. This court has held unless the parties agree otherwise, the court is obliged to take evidence on the issue of the reasonableness of the attorney’s fee and to make findings thereon. Provo City Corp. v. Cropper, 27 Utah 2d 1, 497 P.2d 629. The trial court made findings thereon based on evidence adduced, as stated in the judgment, and although the record fails to disclose the evidence,
The judgment is affirmed with costs to defendant.
. No one designated it on appeal. See Watkins v. Simonds, 14 Utah 2d 406, 385 P.2d 154.
Reference
- Full Case Name
- BLAIR ENTERPRISES, a Utah corporation, and v. M-B SUPER TIRE MARKET, INC., a corporation, and
- Status
- Published