Slone v. Calhoun
386 S.W.3d 745 (2012)
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
P entered into a land contract with Calhoun (D) for the purchase of a lot and a mobile home. P was to pay $313 per month, as well as the taxes and insurance for the property. P claims that in January 2009, without her knowledge or approval, D executed a land contract with Jerry Sumner for the same lot and mobile home. In May 2009, P informed d that she was unable to continue making the monthly payment and moved from the property. In November 2009, P filed a lawsuit against D and Sumner seeking damages for breach of contract. Sometime between May and November, D and Sumner discovered that their land contract erroneously described its subject matter as the property that was contained in P's contract. Upon finding the error, they executed a corrected contract for other real property adjacent to P's lot. The trial court found that P had voluntarily terminated her 2005 land contract. Under the land contract forfeiture provisions, the trial court ruled that P forfeited her interest in the property, including any payments made during the terms of the land contract. P appealed.
Issues
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Holding & Decision
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