Heikkila v. Carver

I respectfully dissent as the equities do not justify enforcement of a forfeiture provision. An old maxim of equity proclaims “Equity abhors a forfeiture.” I dare say this case, precedentially, so far as contracts for deed and agriculture are concerned, is one of the most important cases in this Court’s history.

In addition to the $319,345.47 buyers paid sellers, buyers improved the ranch property by at least $80,000 consisting of improving cropland, improving the timber stand, constructing four new wells, improving outbuildings and corrals, and furnishing the included item of extensive labor.…