Phair v. Walker

Plaintiffs in a real property foreclosure suit appeal from the ruling of the trial court reinstating a land sale contract. They assign as error what they characterize as the trial court’s attempt to rewrite the contract and the finding that plaintiffs had unclean hands. We review de novo.

In 1959, Blanche H. Balsiger sold plaintiffs a parcel of real property located in Klamath County by land sale contract. The contract provided that time was of the essence and included an acceleration clause which would cause the entire unpaid balance to become immediately payable should any payment fall 30…