Ince v. Herskowitz

DOYLE, Justice.

This is an appeal from a summary judgment action rendered in favor of Mickey L. Herskowitz, et al, appellees.

This suit originated from an alleged wrongful acceleration of a promissory note. Appellants, Carl Ince, et al, brought suit to enjoin the foreclosure sale of a residential home which was purchased by a closely held corporation of which Ince was president. The home was purchased on June 9, 1979, pursuant to a deed of trust and promissory note that was executed by the appellees. The appellants paid $10,000 down and the balance was evidenced by a promissory note in the sum…