Weltmer v. Mathis

While I concur in the result of the court’s decision and agree that the trial court, sitting as a court of equity, had full power to settle the differences between the parties, and upon the facts and circumstances presented by the record herein reach the result which it did, I must respectfully dissent from that portion of the opinion which holds paragraph X of the contract invalid and unenforceable for the reasons stated. It was unnecessary for the court to determine the validity of this provision of the contract.

The crux of the appellants’ claim on this appeal is found in paragraph X of the…