Western Mortgage v. Walker

Summary

The court reversed the award of a contingency-fee component of attorney-fee damages because the Walkers failed to disclose that component under rule 26 and failed to prove its foreseeability and amount at trial. The court held that rule 73 does not displace rule 26 when attorney fees are sought as consequential damages, although post-trial proceedings may finalize fees that were properly disclosed and proven. The court also held that Western's appellate challenges were not waived by the parties' stipulation. No separate opinions were filed.