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ALDAPE v. LUBCKE

No. 14393.

688 P.2d 1221 (1984)

107 Idaho 316

Flora D. ALDAPE, Plaintiff-Respondent, v. Glen LUBCKE and Barbara J. Lubcke, Defendants-Appellants.

Court of Appeals of Idaho.

September 28, 1984.

Attorney(s) appearing for the Case

Richard L. Harris, Fuller, Harris & Heise, Chartered, Caldwell, for defendants-appellants.

Debra Alsaker-Burke and Brian F. McColl (argued), McKee, Harwood & McColl, Boise, for plaintiff-respondent.

BURNETT, Judge.

This case focuses upon a forfeiture of the purchasers' interest in real estate under an installment sale contract. The primary issue is whether the seller lost her remedy of forfeiture when she prematurely requested return of escrow papers before a default cure period had expired. For reasons explained below, we hold that the forfeiture remedy was not lost. A decree quieting title in the seller is affirmed...

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