American Federal Savings & Loan Ass'n of Madison v. Mid-America Service Corp.

FOSHEIM, Chief Justice.

This action was before the trial court on stipulated facts and one stipulated issue. Stipulation No. 17 reads:

That the sole issue for determination by the Court is the rights of the respective parties relating to the pre-payment interest penalty portion of the South Dakota Real Estate Notes under a factual situation when the Mortgage has been called due and payable under the due on sale clause and the claim of Plaintiffs to attorney fees and other costs in connection therewith.

The trial court decided no prepayment penalty was due Plaintiffs American Federal Savings &…