Sebastian v. Floyd
585 S.W.2d 381 (Ky. 1979)
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Sebastian (D) purchased a house and lot from Floyd (P) for $3,800 down and financed the balance of $10,900 purchase price, plus taxes, insurance, and interest @ 8.5% in monthly installments of $120 per month. A forfeiture clause was to take effect if D remained in default for over 60 days and as such, P could retain all payments previously made as rent and liquidated damages. D missed seven installments over the next 21 months. D paid P $5,480 instead of the $6,300 under the contract and $4,300 of the principal had been paid down. P sued for $700 for payment of taxes and insurance and for enforcement of the forfeiture clause.
Issues
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Holding & Decision
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