Tarpy v. Nowicki

Murphy, justice.

This is an appeal from a judgment of the district court in an action for contractual rescission and damages. Defendants, vendors under a contract for deed, appeal, contending that this action was precluded by a statutory cancellation of the contract for deed. Defendants further contend that their conduct did not constitute a material breach of the contract and that plaintiffvendee cannot elect to rescind when she is in default under the terms of the contract. Finally, defendants submit that plaintiff’s conduct constitutes an abandonment of the contract.

From the record it…