Appeals court insists on enforcement of attorney fee provision in purchase agreement
A Leelanau Circuit judge declined to enforce a buy-sell provision granting attorneys fees to the sellers after a lawsuit brought by the purchasers was dismissed. The parties appealed and the Court of Appeals sent the case back to the trial judge with instruction to enforce the fee award provision. Under traditional American law, prevailing parties are not awarded attorneys fees unless there is a court rule or statute that grants fees in a particular circumstance. The case is Roberts v. Saffell.