Idaho Supreme Court April 20, 1931, No. 5691. (Anderson v. Carrigan)

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BUDGE, J.

One Spiro owned in fee certain lots in the city of Pocatello. On August 23, 1923, Clark entered into a written agreement with Spiro to purchase the lots, on a partial payment plan. The agreement was in the usual form, containing a forfeiture clause and a provision that all payments, upon Clark’s failure to carry out the terms of the contract, should be applied as rent.