Seger v. DeGardner

OPINION

HUSPENI, Judge.

DeGardner appeals from an order that enjoined him from cancelling his contract for deed with Seger. The court did not require that Seger post a bond or continue installment payments under the contract. DeGardner also appeals from the denial of his motion for summary judgment. We remand for further proceedings.

FACTS

On December 21, 1982, Seger purchased property from DeGardner on a contract for deed. Seger stopped monthly payments under the contract in May 1983 and instituted an action against DeGardner for fraud in November 1983. That complaint sought damages and…