Texas Supreme Court

Sonny Arnold, Inc., Petitioners v. Sentry Savings Association, Respondents

June 9, 198225 Tex. Sup. Ct. J. 359

Summary

The Texas Supreme Court affirmed the appellate court's denial of a temporary injunction, holding that the optional acceleration clause in the deed of trust is valid and does not constitute an unreasonable restraint on alienation. The Court classified the clause as neither a disabling nor a promissory restraint under Restatement §404 and found no abuse of discretion by the trial court. Justice Spears filed a concurring opinion that dissented from the majority's doctrinal rule on restraints.