First Federal Savings & Loan Ass'n of Dallas v. Sharp

I respectfully dissent. I cannot agree with the majority that its holding in this particular case is justified on the ground that Sharp’s bid was, in effect, for cash and that the trustee acted arbitrarily and unreasonably in making the sale to the mortgagee, a lower bidder than Sharp, without allowing Sharp “a few minutes’ time within which to produce the cash for his bid, when this could have been done without prejudice to the mortgagee.” Sharp relies upon this ground and the majority sustains the contention in spite of the well-settled rule that a sale under a power in a mortgage or a…