Steven C. Myers v. Douglas Kayhoe

Summary

The court affirmed summary judgment requiring return of the buyers’ deposit because the financing contingency required only one bona fide, reasonable written financing application, which the buyers made, and the contingency was neither satisfied nor waived. The court reversed the denial of attorney’s fees because the contract made reasonable fees mandatory for the prevailing party, although the trial court retained discretion to determine the amount. The case was remanded for reconsideration of the fee request.