Fisel v. Yoder

Herbert Fisel sold his Elkhart County farm to Samuel and Patricia Yoder on a conditional sales contract for $42,000.00. Later, a fire destroyed the barn, and the Yoders received an insurance check for $10,200.00 payable to them and Fisel. With the intention of having the $10,200.00 applied to the contract balance, the Yoders endorsed the insurance check and mailed it to Fisel. By return mail, the Yoders received a notice from Fisel that they had breached the contract in several ways: (1) failure to carry adequate insurance; (2) making major improvements without written consent. The Yoders…