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Property Keyed to Merrill
Skendzel v. Marshall
Citation:
301 N.E.2d 641 (Ind. 1973)Facts
The plaintiff sued to obtain possession of real estate through enforcement of a forfeiture clause in a land sale contract. The plaintiff, as assignees of Burkowski, entered a land sale contract with defendants in 1958. The contract provided that the defendants would pay a purchase price of $36,000 in yearly $2,500 payments, and that in the case of default that continues for 30 or more days, then all payments that were made would be forfeited to the plaintiff as liquidated damages. The defendants defaulted by failing to pay $15,000 of the purchase price. The total amount of payments made to the plaintiffs equaled $21,000. The Court of Appeals awarded the plaintiffs $21,000 as liquidated damages and possession of the property.
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