concurring in result.
I concur in result. Although this transaction appears to be an excessive forfeiture, sixty-five per cent of the purchase price under the contract had been paid, there is very persuasive evidence that Fords abandoned the real and personal property to be purchased under the terms of the conditional sales contract.1 U. S. Aircraft Financing, Inc., v. Jankovich (1980), Ind.App., 407 N.E.2d 287. Because there is an abandonment of the real and personal property covered by the conditional sales contract, forfeiture does not do violence to Skendzel v. Marshall (1973), 261 Ind. 226, 301 N.E.2d 641. Therefore, the equitable principles in Skendzei are not applicable.
. The trial court made these findings:
“28. That the Defendants abandoned said assets as of July 30, 1976, and exercised no care or control over said assets thereafter.
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“31. That Defendants did not provide the building situated upon said real estate with fuel and that the furnace ran out of fuel on December 24, 1976, and Plaintiffs retook possession and provided said premises with fuel, and repaired the furnace which prevented damage by the freezing of pipes.
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“34. At the request of Plaintiffs, Defendants conveyed and transferred to Plaintiffs by Quitclaim Deed dated February 2, 1977 (Defendant’s Exhibit B) all of Defendants interest in the real estate and said tangible and intangible personal property.
Defendants specifically reserved any of their rights to object or any of their defenses in this case when giving said Quitclaim Deed to Plaintiffs.
The Quitclaim Deed stated:
‘Express Purpose: By execution of this quit-c.laim deed, grantors acknowledge grantees took possession of said property described herein and have no objection to grantees selling said property to a third party free of any interest therein of grantors. Grantors specifically do not waive any defenses or counterclaim rights existing in C-76-292, Steuben County Circuit Court, against grantees.’ ”