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Skendzel v. Marshall

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.261 Ind. 226, 301 N.E.2d 641 (1973)

Brief Fact Summary. Plaintiffs brought an action to obtain possession of real estate through enforcement of a forfeiture clause in a land sale contract. The land sale contract was for a total purchase price of $36,000.00 in yearly $2,500.00 payments, without interest, and that in case of default, if such default should continue for 30 days, then all monies paid would be forfeited and taken as liquidated damages.

Synopsis of Rule of Law. A conditional land sales contract is the same as a secured transaction, the provisions of which are subject to all the proper and just remedies at law and equity


Facts. Plaintiffs, as assignees of vendor Burkowski, brought an action to obtain possession of real estate through enforcement of a forfeiture clause in a land sale contract. Burkowski entered into a land sale contract with Defendants in 1958 under which the Defendants were to pay a total purchase price of $36,000.00 in yearly $2,500.00 payments, without interest, and that in case of default, if such default should continue for 30 days, then all monies paid would be forfeited and taken by vendor as liquidated damages. Burkowski died and Plaintiffs received their assignment of interest on June 27, 1968, and one year after the assignment filed suit to forfeit and gain possession of the property under the land sale contract. The Defendants had been months late with several payments and Burkowski always accepted such payments. Defendants made the last payment on February 15, 1965. The total amount of payments made was $21,000.00.

Issue. Are the Plaintiffs entitled to forfeiture and possession?
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