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444 N.E.2d 879

Oles v. Plummer

Indiana Court of Appeals

Decided January 27, 1983

Indiana Court of Appeals · decided 1983-01-27

Relies on Skendzel v. Marshall

Good law ✅— No negative treatment on recordhow we know

Decided 1983-01-27

How this case has been cited

Cited by 10 later decisions — most recently May 2005

4 federal appellate · 3 state decisions

50198319902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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RATLIFF, Judge,

¶1concurring.

¶2The evidence in this case establishes that the Plummers had paid $3,543.85 principal on a contract price of $11,600.00, or 30.55% of the total price. I agree that this is a substantial and not a minimal amount under Skendzel v. Marshall, (1973) 261 Ind. 226, 301 N.E.2d 641, and its progeny. For*884feiture, therefore, was inappropriate and properly was disallowed.

¶3However, the majority’s statement that had Plummers paid but $2,168.04, or 18.6% of the purchase price, as contended by the Oles, such was a substantial rather than a minimal payment is unnecessary dictum likely to add confusion to the law. The issue before us is whether 30.55% of the purchase price is a substantial payment depriving the sellers of the remedy of forfeiture. We have said it was. No further statement was necessary. Whether a payment of 18.6% of the purchase price is so substantial as to preclude forfeiture should await determination in a case presenting that specific question.

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