Castleberry v. Hay

Citations

• 8 Idaho 670
• 70 P. 1055
• 1902 Ida. LEXIS 63

Syllabus

<p>Contract of Sale — Bond foe Title — Forfeiture—Equity—In case of sale of lands wbose value is not precarious nor fluctuating, and the execution of a bond for title by the vendor to the vendee, and part payment of the purchase price by the vendee, who takes possession of said land under the contract, equity will not declare a forfeiture against the vendee, in the absence of any stipulation for a forfeiture in the contract, and the contract does not in terms make time of the essence of such contract.</p> <p>(Syllabus by the court.)</p>