Riediger v. Marrland Development Corp.

LeGRAND, Justice.

This is an appeal from an order sustaining defendant’s motion to dismiss plaintiffs’ petition. We reverse.

On June 29, 1973, plaintiffs filed a petition asking that defendant be estopped from forfeiting their interest in a certain land contract, alleging the notice of forfeiture falsely stated they were then $6,000 in default under the contract terms. On July 18, 1973, defendant filed its answer, admitting the formal matters set out in the petition and reiterating the contract was in default. Issue was thus joined on the critical question concerning default in payment of…