KEESEE v. FETZEK

No. 14381.

681 P.2d 600 (1984)

106 Idaho 507

Jimmy P. KEESEE and Ruby J. Keesee, husband and wife, Plaintiffs-Appellants, v. Joseph P. FETZEK and Allied Investments, Inc., an Idaho corporation, Defendants-Respondents.

Court of Appeals of Idaho.

Petition for Review Denied June 25, 1984.


Attorney(s) appearing for the Case

Gary L. Morgan, Morgan & Wellman, Caldwell, for plaintiffs-appellants.

Stanley W. Welsh, Clemons, Cosho & Humphrey, William J. Hines, Imhoff & Lynch, Boise, for defendants-respondents.


BURNETT, Judge.

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...

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