Appeal from a Small Claims Court judgment dismissing a claim for damages arising from a power of sale transaction.
The appellant, a second mortgagee, alleged that the first mortgagee conducted an improvident sale by transferring the property for $175,000 without listing it on the open market.
The trial judge accepted the appraisal evidence supporting the sale price and rejected market valuation opinions from real estate agents and an appraisal where the author did not testify.
The court held that the trial judge made no palpable and overriding error in finding the appraised value represented the market value and that the mortgagee acted in good faith.
The appellant failed to provide cogent evidence that a higher price would have been obtained but for any alleged breach.
