Pentz v. Romine

BIRD, Judge.

On October 9, 1990, James and Jeannie Pentz (Pentz) entered into a contract to purchase a convenience store from Al and Chris Romine (Romine) for $325,000. The contract required Pentz to make a down payment of $4,000 and monthly payments of $3,300, including interest, until the balance of the purchase price was paid. The contract contained a provision stating that the property was not to be “sold, mortgaged, assigned, or in any way encumbered or hypothecated without the prior written consent of the seller.” In 1996, Pentz found a buyer for the store, Marable-Stone, Inc. (MSI), who…