Schwarting v. Schwarting

By requiring LaDonna to pay interest on the purchase price from the date LeRoy and Marie would have been entitled to receive the purchase price has the effect of making time “of the essence” for LaDonna but not for LeRoy and Marie.

*711In my view equity lies with LaDonna, who did not default. If there are other matters that shift the balance of the equities to LeRoy and Marie, the trial court should have pointed them out to us in findings of fact. Because it did not do that, the trial court’s decision is, on its face, an “abuse of discretion.”

Under the majority opinion vendors will be encouraged…