This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. Dean Dambroten, et al., Appellants, vs. NFO, Inc., Respondent. Considered and decided by Lansing, Presiding Judge, Crippen, Judge, and Kalitowski, Judge. Following the resolution of the suit in favor of respondent, the trial court held that appellants commencement of the lawsuit, along with their other actions, constituted anticipatory breach of the contract. The court then awarded respondent attorney fees based upon a liquidated-damages clause in the contract that permitted such an award upon a default by appellants.
Appellants now challenge the award of attorney fees.
Because we find merit in the trial court s finding of anticipatory breach, we affirm. Appellants sought reformation or rescission of the contract. Respondent counter-claimed, seeking enforcement of the contract. Because appellants brought suit during the period when they were to have delivered grain to respondent and because time was of the essence, respondent sought a court order requiring appellants to make the agreed upon deliveries for 1996. After a bench trial, the trial court held that the contract between the parties was enforceable.