Eigeman v. Miller

Mr. Eigeman brought this action for forfeiture of the Millers’ contract right to property they purchased from him on a contract for deed. The District Court for the Eighth Judicial District, Cascade County, dismissed the complaint. Mr. Eigeman appeals. We reverse and remand for trial.

The dispositive issues are:

1. Did the District Court err in failing to find that the Millers must tender the full balance due under the contract in order to be entitled to the benefits of the antiforfeiture statute, Section 28-1-104, MCA?

2. Did the court err in finding and concluding that the contract’s…