General Electric Credit Corporation v. Lunsford

I would reverse the decree of the trial court and dismiss the petition because I am of opinion that Code § 55-66.5 (b) is not applicable under the circumstances of this case to provide the relief sought in the petition.

I think the provisions of subsection (b) of Code § 55-66.5 are designed to provide relief only where the sum due upon an indebtedness clearly appears or is easily computable. I cannot conceive that the Legislature intended the Code section to apply to a situation where, as here, the court must inquire into and resolve the complicated and contested contractual undertakings of…