BRINTON V. HAIGHT
870 P.2d 677 (1994)
NATURE OF THE CASE: Haight (D) appealed an order that awarded attorney fees, costs, and
prejudgment interest accrued after Ds had tendered payment of the full balance owed on a
note to Brinton (P).
FACTS: D purchased a parcel of real property from P. Part of the purchase price was
payable in installments under terms of a promissory note in the amount of $ 64,500. The note
was secured by a deed of trust under which Pioneer Title was trustee and P were
beneficiaries. By a separate agreement, Pioneer also was designated to act as escrow holder
to receive payments on the promissory note and transfer such payments to P or their
assignee. On Friday, November 9, 1990, D arrived at Pioneer at approximately 4:00 p.m. and,
after being informed that the payoff amount was $53,272.80, began to write a personal check
for that sum. Pioneer's escrow supervisor informed D that Pioneer would not accept a
personal check and required a cashier's check instead. D left and returned several minutes
later with a cashier's check for the $ 53,272.80. D delivered the cashier's check to the
escrow supervisor and requested delivery of a trustee's reconveyance deed. The escrow
supervisor said that it would be ready the following business day. D then took back the
check after it had been in the escrow supervisor's possession for less than ten minutes.
Over the weekend, D examined the escrow statement provided by Pioneer and determined that
the quoted payoff balance included both a $ 20.00 'payoff fee' and a $ 28.00 'reconveyance
charge.' D concluded that neither the escrow agreement nor the deed of trust provided that D
were responsible for these charges and, therefore, they should not be required to pay them.
On Tuesday, November 13, D delivered a letter to Pioneer that he was not obligated to pay
the $28.00 reconveyance fee. He further believed himself obligated to pay only one-half of
any escrow fees. D offered to pay to Pioneer by personal check $53,233.80 (principal and
interest through November 9 plus $ 11.00 for escrow fees) if Pioneer would agree to reconvey
the premises without the payment of the $ 28.00 fee. Pioneer insisted on receiving a $ 2.00
escrow fee and a $ 25.00 reconveyance fee before executing a reconveyance. On November 14,
Pioneer sent a letter to D explaining that additional interest accrued since November 9 and
that Pioneer was resigning as trustee and that appointment of a new trustee would be
necessary in order to accomplish any reconveyance. D made no payments on the note, asserting
they remained at all times ready, willing and able to remit the November 9, 1990, payoff
amount. Six months after Pioneer resigned, P appointed a successor trustee. On June 10,
1991, P filed this action seeking a judgment for the unpaid principal balance of the
promissory note plus interest accrued through date of judgment, and also requesting judicial
foreclosure of the deed of trust. The district court awarded judgment for the full amount
requested by P. The judgment included interest in the amount of approximately $12,200 and
attorney fees totaling approximately $5,000. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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