Hsiao v. Lin CA2/8
Angela Hsiao (buyer) signed a contract to purchase a home from Yanfei Lin (seller). Seller did not sign the contract; her adult son signed it in her name. When seller refused to proceed with the sale, buyer brought suit for breach of contract and related causes of action. Seller, relying on the statute of frauds and the equal dignities rule, prevailed on summary judgment. She also received her attorney’s fees as the prevailing party on a contract which contained an attorney’s fees clause. On buyer’s appeal, we affirm the summary judgment, but reverse the attorney’s fees order, on the basis that seller had not complied with a contractual condition precedent to an award of fees.
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