L. Q. Development v. Mallory

Defendant appeals a judgment that ordered him to pay restitution of $248,814.60 to plaintiff. He assigns as errors that the court ordered him to pay restitution and did not dismiss plaintiffs claim for failure to join indispensable parties. We affirm.

On April 24,1979, Christine Mallory (seller) entered into a contract with LeRoy and Helen Seuss (purchasers) to sell them approximately 50 acres for $250,000. The contract provided that purchasers would pay $50,000 down, interest only for three years, and then $30,482 of principal and interest annually until the contract was fully paid. It also…