Curry v. Tucker

OPINION

Before RABINOWITZ, C. J., and CON-NOR, BOOCHEVER *, BURKE and MATTHEWS, JJ. BURKE, Justice.

In this action for breach of contract, the primary question to be determined is whether the vendee’s conduct in breaching two real estate contracts justified the trial court’s application of the extreme remedy of forfeiture. We conclude that under the circumstances of this case the declaration of forfeiture was appropriate.

In late 1967, David Curry was in severe financial trouble. He had recently been forced to close his business and had lost his homestead through foreclosure. He sought…