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Hagan v. Keyes

The trial court erred in awarding attorneys' fees to the plaintiff, as there was no evidence regarding the reasonableness of those fees.

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Jules Hagan appeals following a jury verdict in favor of Christopher Keyes on Keyes’ complaint seeking damages for fraud, breach of contract, and unjust enrichment. Hagan asserts that the court erred in awarding Keyes damages on the breach of contract claim, denying his motion for a directed verdict on the fraud claim, and awarding Keyes attorney fees. Hagan also asserts that Keyes’ unjust enrichment claims fails as a matter of law. For the following reasons, we affirm the entry of judgment on Keyes’ claim for damages, but reverse the award of attorney fees for lack of sufficient evidence.

Viewed in the light most favorable to the verdict, the evidence showed that Billy Nelson was contacted by Hagan about purchasing certain property owned by Bruce Townsend. When Keyes expressed to Nelson, who was his friend and neighbor, that he was “looking for some acreage to buy,” Nelson told him about Townsend’s property. Keyes asked Nelson if Hagan had a contract on the property, and if he would be “willing to sell the contract.” Keyes told Nelson to inform Townsend that he would give him “a $100,000 upfront binder and that he would give Hagan $100,000 for the sale of the contract.”

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