Bean v. Walke

95 A.D.2d 70, 464 N.Y.S.2d 895 (1983)

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Nature of the Case

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Facts

Bean (P) and Walker (D) entered into an installment contract to buy P’s house for $15,000. P, the seller, retained legal title to property and agreed to convey it to D upon payment in full according to contract terms. The contract provided for the purchase price to be paid over 15 years at 5% interest with installments of $118.62 per month. D was entitled to possession, and was obligated to pay taxes, assessments, water, and insurance. The contract had a default provision that if D failed to cure a default within 30 days, P could call the remaining balance due for immediate payment, or terminate the contract and repossess the premises. If P elected to terminate the contract, the monies paid would be considered rent. D defaulted after making payments for eight and one-half years. D had become injured. D had paid over half of the purchase price by that point in time and had made substantial improvements to the property ($12,099.24 in payments and $7,114.75 in principal). P wanted the return of his property and sued in ejectment. The court granted P a summary judgment. D appealed.