O. D. Christiansen v. William F. Rumsey

Appellants William F. and Elaine Rumsey, husband and wife, contracted the purchase of a house located in Downey, Idaho, from Orion and Norma Christiansen, husband and wife, under a contract dated March 28, 1963, which requires monthly payments of seventy dollars, due on the first day of each month. The contract contains an acceleration clause by which unpaid principal and accrued interest become due on demand after sixty days notice of default in payment of any installment. Orion and Norma Christiansen died apparently on the same day, sometime in June 1965, from causes not appearing in the record. On August 16, 1965, respondent O. D. Christiansen, as administrator of their estates, brought the present action for the balance due under the contract as of April 15, 1965, alleging that appellants had defaulted in all payments due since sometime before April 15, 1965, and that more than sixty days notice of default had been given them. Appellants' answer admitted that the contract contained a default acceleration clause, but denied that they were in default. Appellants affirmatively alleged that Orion and Norma Christiansen before their deaths had made a gift to them of the debt representing the balance due.