MacFadden v. Walker

Opinion

WRIGHT, C. J.

In this case we are called upon to determine whether a vendee who would otherwise be entitled to specific performance of an installment land sale contract in which time is declared to be of the essence forfeits the right to that remedy because of her wilful failure to make installment payments when due after there has been substantial part performance of the contract. We conclude that the policy against forfeitures precludes denying the right to specific performance under such circumstances.

Sometime before 1950 defendant and cross-complainant Claudia Walker, who lived in…