Glynn

In this action for specific performance, the successful plaintiff appeals from an order after judgment which denied plaintiff’s request for an award of attorney’s fees.

Since the judgment granting specific performance is not in question on this appeal, the background facts may be briefly summarized from the trial court’s statement of decision. On June 28 and 29, 1977, appellant Daniel R. Glynn, as buyer, and defendant Beulah Wende (not a party to this appeal), as seller, entered into a valid written agreement as evidenced by a deposit receipt and escrow instructions for the sale of a parcel of land for $7,500. The deposit receipt included a provision which stated “if legal action is instituted in connection with this agreement or the sale of said property, the prevailing party shall be entitled to reasonable attorney’s fees and costs.” Appellant timely performed his part of the agreement, but defendant Wende failed to perform. Between August 1977 and August 1979, appellant and defendant Wende engaged in a series of negotiations in which appellant continued to demand performance by Wende, and the agreement was modified in various details. In May 1979 defendant Wende and…