Smith v. Blackburn

This case raises an issue of statutory interpretation of R.C. 5313.07. This section, simply put, says that when the vendee of a land contract has paid twenty percent of the purchase price, the vendor’s remedy for default lies in foreclosure and not in forfeiture. The issue in this case is how is that twenty-percent figure to be calculated.

On November 1, 1983, Doris Blackburn, the vendee, entered into a land installment contract with the Smiths, the vendors. On March 12, 1985, after several late payments by Blackburn, the Smiths served a notice on her pursuant to R.C. 5313.05 that the contract…