Petersen v. Hartell
Supreme Court of California
707 P.2d 232 (1985)
Kathy and Richard Petersen (plaintiff) bought land from Juanita Gaspar under an installment contract requiring $50 monthly payments, with no time-is-of-the-essence clause; they had timely made 58 of 65 payments before missing several and, after divorcing, stopped paying altogether. Gaspar terminated the contract and later died; Richard Petersen sued her estate's administratrix (defendant), tendering the full remaining balance and seeking specific performance, which the trial court denied.
Whether a vendee who has made substantial payments on a land installment sale contract, and whose defaults consist solely of failing to pay further amounts due, has an unconditional right to complete the purchase by paying the entire remaining balance plus damages before the seller may quiet title.