Midvale Motors, Inc. v. Saunders

CALLISTER, Justice:

Appellant, Midvale Motors, commenced this action on a uniform real estate contract alleging the default thereof by respondents, as the vendees. Midvale Motors in its complaint sought two inconsistent remedies, either of which was provided under the terms *404of the contract, i.e., recovery of the delinquent monthly payments or cancellation of the contract with an order of the court declaring a forfeiture and returning possession to the vendor.

The instant case is not an action of unlawful detainer based upon a pleading that forfeiture is an accomplished fact and that respondents…