Legal Opinion · Dissent

Lotz v. Cromer

Supreme Court of Arkansas

Decided June 6, 1994No. 94-100Published

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

  1. Whitten Developments, Inc. v. AgeeSupreme Court of Arkansas · 1974
  2. Hawn v. HawnCourt of Appeals of Arkansas · 1983

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