Slone v. Calhoun

386 S.W.3d 745 (2012)

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Nature of the Case

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Facts

P entered into a land contract with Calhoun (D) for the purchase of a lot and a mobile home. P was to pay $313 per month, as well as the taxes and insurance for the property. P claims that in January 2009, without her knowledge or approval, D executed a land contract with Jerry Sumner for the same lot and mobile home. In May 2009, P informed d that she was unable to continue making the monthly payment and moved from the property. In November 2009, P filed a lawsuit against D and Sumner seeking damages for breach of contract. Sometime between May and November, D and Sumner discovered that their land contract erroneously described its subject matter as the property that was contained in P's contract. Upon finding the error, they executed a corrected contract for other real property adjacent to P's lot. The trial court found that P had voluntarily terminated her 2005 land contract. Under the land contract forfeiture provisions, the trial court ruled that P forfeited her interest in the property, including any payments made during the terms of the land contract. P appealed.