Smith v. Krueger

Opinion

MORRIS, P. J.

Elmer and Lucile Smith have appealed from an order denying them the attorney’s fees they incurred from litigation resulting from defendants’ attempt to enforce the acceleration clause in a deed of trust on their home. The sole issue is whether the adverse order constituted an abuse of discretion. We find it did and we reverse.

Facts

Neither party disputes the following pertinent facts. Plaintiffs purchased their home from defendants in the fall of 1981. To cover the cost of this purchase, plaintiffs executed a promissory note for $31,500, secured by a deed of trust.

The deed…