George M. Stokes, Sr., Appellant v. Mason F. Stokes, Appellee — Danielson, J., Concurring in Part and Dissenting in Part

Summary

Justice Danielson concurred in the majority's rulings except its conclusion that the circuit court abused its discretion by awarding Mason attorney's fees. He reasoned that the action was based on contract because a deed is a contract and George repeatedly characterized his claims as arising from an oral agreement concerning the deed. Danielson would therefore affirm the fee award and the circuit court's judgment on all points. Justice Josephine Linker Hart, dissenting, would have reversed and remanded for a new trial because factual issues remained concerning delivery of the deed and the scope and revocation of the power of attorney.