In De La Rosa v. Kaples, 812 S.W.2d 432 (Tex. App.--San Antonio 1991, writ denied), the plaintiffs paid the defendant $ 15,000 toward purchase of a business. Id. Plaintiffs decided not to complete the purchase and wanted their downpayment back. When the defendant refused to refund it, the plaintiffs sued for breach of contract and sought rescission; the defendant counterclaimed for rescission. Both parties recognized a contract but the jury found that the parties had not agreed the plaintiffs could get a refund, awarded no damages to either side, but awarded attorney's fees to the defendant. Id. The court of appeals concluded that, because both parties claimed the $ 15,000 downpayment, the defendant prevailed in the jury's implicit finding that she was entitled to retain the downpayment. Id. at 435.