Young v. Sodaro

McHUGH, Justice:

This is an appeal from the March 14, 1994 order of the Circuit Court of Kanawha County, which allowed the prepayment, in full, of a promissory note, the terms of which did not provide for such prepayment. This Court has before it the petition for appeal, all matters of record and the briefs and argument of counsel. For the reasons stated below,, the order of the circuit court is reversed.

I

The facts of this case are, for the most part, undisputed. Appellees Ralph R. Young, Jr. and Marion M. Young, by deed dated November 5, 1990, conveyed to B & J Equipment Company, Inc.…