Williams v. Fassler

Opinion

CONN, J. *

Appellants brought an action in the court below seeking declaratory relief and a determination of invalidity of a prepayment penalty clause in a promissory note and other documents in a land sale transaction. After respondents filed their answer, all parties moved for summary judgment. The trial court denied appellants’ motion and granted summary judgment in favor of respondents. Appellants now appeal from the order and judgment.

The sole issue in this appeal is whether the trial court abused its discretion in determining that a 50 percent prepayment penalty is enforceable…