Emfinger v. Pumpco, Inc.

OPINION

BURGESS, Justice.

This is an appeal from the refusal of the trial court to issue a temporary injunction enjoining a non-judicial foreclosure sale.1 W.C. Emfinger purchased real property from Pumpco, Inc. Mr. Emfinger paid an amount down and executed a promissory note, payable in monthly installments, for the balance. He also executed a deed of trust securing the payment of the promissory note. Mr. Emfinger had been late on numerous payments and on one occasion had been more than sixty days late. Pump-co had accepted all the late payments, prior to November, 1983.

On November 7, 1983, the…