Petersen v. Hartell

I dissent.

The majority misread precedent and rely on questionable “policy” to reach a result that flouts what is undeniably equitable. Our long history of *122cases holds that when a vendee in an installment land sale contract wilfully defaults, it is in the trial court’s discretion to weigh the equities and discern whether redemption is warranted. The trial court reacted properly to the overwhelming evidence and exercised its discretion to deny specific performance to vendees who have been wilfully untrustworthy and derelict in the performance of contract duties.

The majority place principal…