MacFadden v. Walker
California Supreme Court
488 P.2d 1353 (1971)
Claudia Walker (defendant) took possession of land under a 1950 installment contract with Ellsworth MacFadden (plaintiff), making $20 monthly payments for ten years before intentionally stopping after someone took timber from the land, at which point she still owed about $1,000; MacFadden attempted to notify Walker he was reclaiming the land for default (which Walker claimed she never received) and sued to quiet title, while Walker offered to pay the balance plus interest, which MacFadden refused, prompting Walker's countersuit to compel MacFadden to accept payment. The trial court ruled for Walker on the theory her breach was not willful, and MacFadden appealed.
Whether a buyer that has willfully breached an installment contract to purchase land may pay the balance of the purchase price after the breach to keep the land.