Opinion
June 18, 1982.
The judgment is reversed. The case is remanded to the Superior Court for a determination of the amount due the plaintiff under the promissory note and agreement dated January 30, 1979, and for the entry of a new judgment which provides, in the discretion of the Superior Court, either (1) that if the defendants tender the amount determined to be due (which amount is to include principal, interest, and the costs and fees chargeable to the defendants under the note and agreement) within a time to be set by the court, the escrowed deed referred to in the agreement is to be delivered to the defendants, and that otherwise title to the property described in that deed shall remain in the plaintiff free of all claims of the defendants; or (2) that the plaintiff be afforded an alternative remedy devised by the court in the nature of a foreclosure sale such as is contemplated by the parties under par. 1(j) of the agreement dated January 30, 1979. No party is to have the costs of appeal.