Kelso v. Ulrich

Respondents move to dismiss the appeal on the ground that it is frivolous and taken solely for the purpose of delay. The appeal is from a judgment decreeing a forfeiture of appellant’s rights under an agreement for the sale of real property. In appellant’s opening brief he urges that:(1) The complaint does not state a cause of action for forfeiture or for liquidated damages.(2) Respondents waived the right to declare a forfeiture by entering into an escrow agreement with appellant after October 1, 1943, and(3) The ease being in equity the trial court erred in forfeiting appellant’s rights,…