Arnold v. Moore

This case involves a real estate contract. The question is whether the seller had a duty to notify a transferee of the purchaser’s interest, of whom the seller had actual knowledge, of the seller’s intent to forfeit the purchaser’s interest. In our view, the answer is yes.

In 1984, Roland E. Moore sold the Tipperary Tavern to William O. Price. The sale was by real estate contract. Moore retained a seller’s interest. Hereafter, we refer to the tavern as “the property.”

In 1991, William Price sold his interest in the property to Carol Gager. The sale was by real estate contract. Price retained a…