Schillinger v. Hathoot
Appellant appeal from a judgment against them in this collection action by Albert J. Schillinger, Jr., as trustee of Nationwide Mortgage Plan and Trust, a pension plan. Hathoot argues the debt was barred by an unreasonable delay in invoking an acceleration clause in the note, and by laches. Schillinger cross appeals, arguing the evidence does not support a finding that he failed to mitigate damages (and a corresponding reduction in the amount awarded). Court find no error and affirm.
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