Kosmann v. Gilbride
Annotate this CaseAppellant Leo Gilbride contended that the district court erred by refusing his request for attorney’s fees. The underlying dispute arose out of a sale of real property between Respondent David Kosmann and Gilbride, which was executed with the alleged understanding that Gilbride would re-convey the property back to Kosmann at a later time. After purchasing the property, with down payment funds provided by Kosmann, Gilbride refused to re-convey the property to Kosmann. Accordingly, Kosmann filed a complaint against Gilbride alleging, inter alia, unjust enrichment and demanding specific performance of Gilbride’s promise to re-convey the property. The district court dismissed the specific enforcement claim, awarded Kosmann $30,990 based on his unjust enrichment claim, and denied both parties’ claims for attorney’s fees. Finding no reversible error in the district court's order, the Idaho Supreme Court affirmed.
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