Sharp v. Holthusen

This is an appeal from a judgment of the District Court, Fourth Judicial District, Missoula County, dismissing plaintiff’s claim for forfeiture under a contract for deed.

We shall address two issues on this appeal:

1. May a court of equity relieve a defaulting buyer, in a contract for deed from a forfeiture of his equity, when before suit the buyer tendered full payment under the contract, plus payment of the seller’s personal expenses and attorney fees to that date, and where buyer has failed to cure a default of nonpayment under the contract within the time required in the contract and after…