Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

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Frances Ford agreed to buy land from Wayne and Nadine Hagel by making a down payment and paying $375 a month. The contract gave the Hagels the right to declare a forfeiture effective in ninety-one days if Ford missed a payment. Ford missed three payments, and the Hagels notified her of forefeiture. The notice required Ford to pay all delinquencies by February 10 with $250 of it in cash. On February 10, Ford tendered a cashier's check for $1,800 and a personal check for $1,033.32. The Hagels refused them and recorded forfeiture. They were not entitled to declare forfeiture if Ford's personal check had been good on February 10. Ford sued to set aside the forfeiture. Mrs. Hage testified that she had refused the checks because she had "contacted the plaintiff's bank personally and determined that the [personal] check would not clear." Decide the case.