Smith v. Cox

This is an appeal from the grant of injunctive relief in a real property foreclosure action. The appellant sold certain real property to Cox and took a note and security deed for part of the purchase price. The note was dated March 15, 1975, but the installments were not to begin until May 1, 1978. A dispute arose as to whether interest was due from the date of execution or was to begin on May 1, 1978, when the first payment was due. Cox filed an action to reform the note contending that it was the intention of the parties that interest was not to begin until May 1,1978. The trial court…