Sindlinger v. Paul

Plaintiffs appeal as of right from the May 3, 1984, order which granted defendants’ motion for accelerated judgment and dismissed plaintiffs’ complaint for foreclosure. We reverse.

Plaintiffs sold to defendants a parcel of real estate by land contract on February 15, 1979. The purchase price was $20,000 with no down pay- merit, and defendants were to make monthly payments of $150. The land contract contained the follwoing standard clauses:

"Right to Forfeit

"3(f) If the Purchaser shall fail to perform this contract or any part thereof, the Seller immediately after such default shall have the…