[DOWNLOAD] "Jimmy P. Keesee and Ruby J. Keesee v." by Court of Appeals of Idaho No. 14381 # Book PDF Kindle ePub Free
eBook details
- Title: Jimmy P. Keesee and Ruby J. Keesee v.
- Author : Court of Appeals of Idaho No. 14381
- Release Date : January 30, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This case presents the unusual dilemma of sellers seemingly impaled upon the forfeiture provision of a title-retaining real estate sale contract. The transaction went awry when the buyer defaulted and the sellers notified him that the contract would be terminated if the default were not cured. However, when the buyer failed to cure, the sellers decided to sue on the contract rather than to terminate it, because the property had deteriorated to a value less than the contract balance. The buyer insisted upon forfeiture. In a summary judgment, the district court agreed with the buyer, ruling that the sellers were limited to forfeiture as their exclusive remedy. The sellers have appealed. The sole dispositive issue is whether the contract, and the notice sent to the buyer, actually resulted in a forfeiture. For reasons explained below, we hold that no forfeiture occurred. This holding makes it unnecessary for us to address other issues raised by the sellers, relating to the consequences of forfeiture. The summary judgment is reversed.