Fisher v. Tiffin

This is a suit to foreclose a real estate contract for the sale of certain real property located in Clackamas County. The trial court entered a decree dismissing plaintiff’s suit to foreclose, and plaintiff appeals.

The primary issue on this appeal is whether the vendor’s long-standing practice of accepting late payments precludes him from declaring the entire balance due and requesting strict foreclosure in accordance with the terms of the contract without first giving the purchaser reasonable notice of his decision to do so and a reasonable opportunity to cure any default in the payments.

The…