Hooker v. NORBU

I respectfully dissent. I disagree with the majority’s holding that by electing to have the Contract forfeited, Hooker may not enforce its terms with respect to outstanding payments for the time in which the appellees occupied the real estate but neglected to make full, or, in some months, even partial payments. I believe that the forfeiture provision at issue terminates the Contract prospectively and has no bearing on Hooker’s right to collect payments for the appellees’ prior occupation of the real estate. The Contract sets forth several events of default. One such event is failure to pay.…