Skendzel v. Marshall
Supreme Court of Indiana
301 N.E.2d 641 (1973)
Relevant factsFree
The Marshalls (defendants) had paid $21,000 of the purchase price under a land contract with only $15,000 remaining when they stopped paying after the vendor's death, and Skendzel (plaintiff), the vendor's assignee, sought to enforce the contract's forfeiture provision to seize the property and keep all payments as liquidated damages; the court of appeals found no waiver of the forfeiture right and ruled for Skendzel.
IssueFree
Whether, under Indiana law, judicial foreclosure is the preferred remedy for enforcement of a vendor's rights under a land contract with the exception of cases in which the vendee has acquired so little equitable interest in the subject property that forfeiture would not be unfair.