Union Bond & Trust Co. v. Blue Creek Redwood Co.
United States District Court for the Northern District of California
128 F.Supp. 709 (1955)
Union Bond (plaintiff), as assignee of a timber-land purchase contract, had paid $585,000 of a $750,000 price before defaulting, and vendor-assignee Blue Creek (defendant) gave written notice and sought to retake possession after the contract's 60-day cure period lapsed under a time-of-the-essence clause; Union Bond sued for a declaration the contract remained in force and for specific performance, while Blue Creek counterclaimed to quiet title, with evidence showing Union Bond's default was willful.
Whether, under California law, a contractual forfeiture provision will be enforced when a party in breach demonstrates a willingness to make full performance under the terms of the contract.