In October 1992, Verda Miller sold her 107-acre farm for $30,000 to Donald Kimba

Question

In October 1992, Verda Miller sold her 107-acre farm for $30,000 to Donald Kimball, who was acting on behalf of his own closely held corporation, American Wonderlands. Under the agreement, Miller retained title and Kimball was given possession pending full payment of all installments of the purchase price. The contract provided that Kimball was to pay all real estate taxes. If he did not pay them, Miller could discharge them and either add the amounts to the un-paid principal or demand immediate payment of the delinquencies plus interest. Miller also had the right to declare a forfeiture of the contract and regain pos-session if the terms of the agreement were not met. In 1995, Miller had to pay the real estate taxes on the property in the amount of $672.78. She demanded payment of this amount plus interest from Kimball. She also served a notice of forfeiture on him that he had 30 days to pay. Kimball paid the taxes but re-fused to pay interest of $10.48. Miller made continued demands on Kimball for two months, then fi led noticeof forfeiture with the county recorder in August 1995. She also advised Kimball of this. Was Miller justifi edin declaring a forfeiture and taking back possession of the land?

Explanation / Answer

Yes. The court said that Miller was under her rights under the land
contract even though a trifling amount was involved. She has given
Kimball numerous chances to pay the sum and he stubbornly refused to
do so. Miller v. American Wonderlands, Inc., 275 N.W.2d 399 (Sup.
Ct. Iowa 1979).

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