Malone v. Meres

Whitfield, J.,

concurring. — The contract of sale in this case does not stipulate that the parties respectively shall invoke only stated remedies in case of breach of the contract, but it is provided that at the option of the seller the contract shall “be forfeited and terminated” and the seller shall have “the right to re-enter and take possession * * * without being liable to an action therefor” and that payments made on the contract shall be forfeited to and retained by the seller “in full satisfaction and liquidation of all damages” sustained by the seller. The contract option of the…