Kiser v. Coleman

For the reasons set forth below, we hold that R.C. 5313.07 and 5313.08 may not be applied to land contracts entered into before the effective date of the statutes.

The law in force prior to the enactment of R.C. Chapter 5313 most clearly granted to vendors of a land contract the right to declare the vendee’s forfeiture for breach of such land contract without legal proceedings where such right was contractually agreed upon by the parties. See, e.g., Hulett v. Fairbanks (1883), 40 Ohio St. 233; Gallagher v. Billmaier (App. 1958), 79 Ohio Law Abs. 417 [6 O.O.2d 142], Further, such forfeiture…