Watkins v. Eads

Eads (plaintiff) sold property to Watkins (defendant) under a land sales contract containing a forfeiture clause providing that, upon default and failure to cure within ten days, the contract would terminate with Eads retaining all payments and improvements; when Watkins defaulted and failed to cure, Eads sued to have him declared to have forfeited his right to a judicial foreclosure sale, and the circuit court granted Eads summary judgment on that theory. Watkins appealed.