Olney Savings & Loan Ass'n v. Farmers Market of Odessa, Inc.

I concur. The case must be reversed because of the failure to submit the reformation issues.

I write further because of my question about the deficiency issue. In Appellee’s brief, counsel says: “Farmers did not contest the sale as void.” My recollection of counsel’s contention on oral argument was that the sale was valid. If the sale is considered valid, and upon retrial no attempt is made to attack the validity of the sale, then Appellee should only receive a credit for the amount of the highest bid at the foreclosure sale. If there is no attack on the validity of the sale, it should be…