Dodge v. Nieman

Plaintiffs John V. Dodge and Jean P. Dodge, the sellers of real estate pursuant to an installment contract, brought a quiet title suit against the contract-purchasers, defendants John R. Nieman and Kathleen D. Nieman, seeking to extinguish the defendants’ rights under the contract and to have the recorded contract removed as a cloud on the plaintiffs’ title. On the plaintiffs’ motion, the trial court granted judgment on the pleadings in favor of the plaintiffs and against the defendants on the basis that John Nieman’s answer admitted that the defendants were in default for failure to pay…