Timothy Allen Price v. John Robert Hershberger

This is a breach of contract case. It is undisputed that Appellee performed under the
parties’ contract, and Appellant did not. Appellant raised affirmative defenses, including
waiver, anticipatory breach, and laches. The trial court denied the defenses of waiver and
anticipatory breach, enforced the contract, and entered judgment against Appellant for the
amount due thereunder. The trial court denied Appellee attorney’s fees and costs under the
contract based on the application of laches. We reverse the trial court’s finding of laches.
However, because Appellee did not raise an issue concerning the denial of his attorney’s
fees and costs, we leave undisturbed that portion of the trial court’s order. The trial court’s
order is otherwise affirmed.