Lotz v. Cromer
Supreme Court of Arkansas
1DissentDonald L. Corbin, Justice
I dissent.
I agree with the majority’s posture in finding error in failure of the chancellor to award the Lotzes twice the amount of all interest which had been paid on the note. I agree with the chancellor’s voiding of all remaining interest. However, I disagree with the majority’s reversal of the chancellor’s order requiring the Lotzes to continue making monthly payments of $400.00 per month.
The majority reasons that if the payments of $400.00 per month are left intact, the contract will have been altered because part of each payment that would have been applied to interest would now be…
2Cases cited2 opinions
- Whitten Developments, Inc. v. AgeeSupreme Court of Arkansas · 1974
- Hawn v. HawnCourt of Appeals of Arkansas · 1983