Borchert v. Hecla Mining Co.

I

On the authority of two ancient Idaho cases today’s plurality holds that a vendor need not offer a vendee the opportunity to cure a default and'sustains Hecla Mining in depriving the widow Borchert of what may be her one meager asset. In so doing, the plurality of a necessity ignores (1) the fact that Hecla Mining by a course of conduct indulged her defaults; and, (2) time-honored Idaho case law which firmly established that such a course of conduct waives the vendor’s right to declare forfeiture without first giving a reasonable notice of default to the vendee, which notice provides an…