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Forfeitures are generally disfavored by the law. Carr v. Troutman (1954), 125 Ind. App. 151, 123 N. E. 2d 243. In fact, '. . . [e]quity abhors forfeitures and beyond any question has jurisdiction, which it will exercise in a proper case to grant relief against their enforcement.' 30 C. J. S., Equity, § 56 (1965) and cases cited therein. This jurisdiction of equity to intercede is predicated upon the fact that 'the loss or injury occasioned by the default must be susceptible of exact compensation.' 30 C. J. S., supra. 


Pomeroy defines this doctrine of equitable interference to relieve against penalties and forfeitures as follows: 'Wherever a penalty or a forfeiture is used merely to secure the payment of a debt, or the performance of some act, or the enjoyment of some right or benefit, equity, considering the payment, or performance, or enjoyment to be the real thing intended by the agreement, and the penalty or  forfeiture to be only an accessory, will relieve against such penalty or forfeiture by awarding compensation instead thereof, proportionate to the damages actually resulting from the non-payment, or non-performance, or non-enjoyment, according to the stipulations of the agreement. ...

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