Keesee v. Fetzek

BURNETT, Judge.

This is the second appellate round of a battle over remedies for a buyer’s default on a real estate contract. The principal issue presented today is whether the sellers are estopped to pursue remedies other than forfeiture. The district court held that they are. We affirm.

The facts are undisputed. As noted in our first decision, Keesee v. Fetzek, 106 Idaho 507, 681 P.2d 600 (Ct.App.1984) (Keesee I), Jimmy and Ruby Keesee sold urban land and a furnished house to Joseph Fetzek on an installment contract. Fetzek later assigned his interest to Allied Investments, Inc., but did not…