Noe v. Clemons

In this forcible entry and detainer action, the purchasers of real estate under a contract for warranty deed seek eviction of the seller, who peaceably entered the property with the permission of one of the purchasers. The circuit court entered a directed finding for defendant at the conclusion of the plaintiffs’ evidence. Because the uncontradicted evidence reflects no forfeiture of the purchasers’ rights under the contract for warranty deed, we reverse the circuit court’s directed finding. This action is of a strange posture, for the plaintiffs seek protection of the notice requirements of…