Thomey v. Stewart

OPINION

FOLEY, Judge.

Wayne P. Stewart appeals from an October 21, 1985 unlawful detainer judgment ordering a writ of restitution in favor of Terry and Judith Thomey. The matter had originated as a cancellation of a contract for deed in which the Thomeys were the contract vendors and Stewart was the purchaser. When Stewart refused to vacate the premises after the reinstatement period specified in the contract had expired, the Thomeys commenced an unlawful detainer action, moving alternately for judgment on the pleadings or for summary judgment. In his amended answer and at the summary trial,…