Merritt v. Ridge

By a pure judicial gloss on the anti-deficiency judgment stat- . ute, N.C.G.S. § 45-21.38 (1984), the majority today deprives the plaintiffs of the benefits of a bargain, fairly and properly entered, which violates no established public policy. Neither the express terms of the statute nor its underlying policy requires this result.

As a member of the Court of Appeals, I concurred in the opinion in Reavis v. Ecological Development, Inc., 53 N.C. App. 496, 281 S.E. 2d 78 (1981), which the majority today overrules. In Reavis, a unanimous panel resolved, in favor of the plaintiffs, the identical…