BAY SIDE, INC. v. MFS SERVICE CORPORATION


407 A.2d 206 (1979)

BAY SIDE, INC., a corporation of the State of Delaware, Defendant Below, Appellant, v. MFS SERVICE CORPORATION, a corporation of the State of Maryland, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided September 24, 1979.


Attorney(s) appearing for the Case

Melvyn I. Monzack of Walsh, Monzack & Owens, Wilmington, for defendant-appellant.

Howard W. Hudson, Jr., of Brown, Shiels & Barros, Georgetown, for plaintiff-appellee.

Before DUFFY, McNEILLY and QUILLEN, JJ.


PER CURIAM:

This is an appeal by the defendant from a judgment in the Superior Court permitting the plaintiff to proceed to foreclosure in connection with a first mortgage lien held by the plaintiff on real property owned by the defendant in Sussex County and subdivided for purposes of resale.

In light of the implied expectancy of principal reductions in this contract (which by its provisions required only interest...

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