Atchison Savings Bank v. Richards

The opinion of the court was delivered by

Hutchison, J.:

This is an action to forfeit and cancel an option sale contract and restore possession to the assignee of the vendor for failure of defendants to continue to make prompt payments as required by the terms of the contract.

The answer, in addition to a general denial, pleaded waiver of right to forfeit under the contract, failure to give reasonable notice of intention to forfeit, protection against forfeiture on account of having made lasting and valuable improvements, that forfeiture *82under the contract is grossly inequitable, and that any…