The legal issues presented in this case will be displayed here.

This section contains the nature of the case and procedural background.

The assignors of the parties to this suit entered into a timber purchase contract. The contract price was $750,000, to be paid from the proceeds of the timber. $585,000 had been paid by the vendee (P) before P defaulted. The lower court found that certain of the defaults were willful. Under the contract, if P continued in default for 60 days after receiving notice of default and a demand for performance from D, D was entitled to resume possession of the property, retain all payments made, and cancel the contract. The contract also provided that time was of the essence. P had been in default for at least 60 days after D demanded performance. P filed this action requesting a declaratory judgment that the contract was in full force, and requiring specific performance from D. In the answer, D requested a declaration that P was in default, damages, and quiet title in the land.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.