Logourl black
From our private database of 14,200+ case briefs...

Skendzel v. Marshall

Supreme Court of Indiana
301 N.E.2d 641 (1973)

Facts

The Marshalls (defendants) entered into a land contract as vendees. The land contract contained a provision that afforded the vendor an optional right to terminate the contract upon any breach of the contract terms continuing for a period of 30 days. The contract also contained a clause affording the vendor a right to claim any sums paid on the contract as liquidated damages in forfeiture if a claimed breach were not remedied within 30 days. During the vendor’s lifetime, the Marshalls made payments on the land contract at irregular intervals. The Marshalls stopped making payments on the land contract approximately two years after the vendor’s death. At the time of their last payment, the Marshalls had paid $21,000 toward the principal balance and owed $15,000 on the remaining balance. Skendzel (plaintiff) and others acquired interests in the land contract as assignees of the vendor’s estate. Skendzel brought suit to enforce the forfeiture provision of the land contract and assert possession of the property. The trial court denied Skendzel’s claim. The court of appeals reversed the trial court decision, holding that Marshall had breached the terms of the contract and that the vendor had not waived the forfeiture provision. Marshall appealed.

Rule of Law

Issue

Holding and Reasoning (Hunter, J.)

Concurrence (Prentice, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 252,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Here's why 252,000 law students have relied on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 14,200 briefs - keyed to 189 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.