Stroebel-Polasky Co. v. Slachta

Plaintiff appeals as of right from the lower court’s denial of injunctive relief to prevent the defendants from proceeding with a mortgage foreclosure.

The property in question was originally the principal asset of T & T Land Development, a partnership formed on May 3, 1974, by Duane L. Tinkis and Howard L. Tessman. On April 18, 1975, Tinkis sold his interest in the partnership to defendant Gene B. Slachta. The sale was approved by Tessman, who executed a new partnership agreement with Slachta.

On July 10, 1975, T & T Land Development gave a first mortgage on the property to the Second National…