Tilchin v. Boucher

Benjamin L. D’Ooge and Jane P. D’Ooge, his wife, sold to George R. Swain and Louise Swain, his wife, by land contract of March 2, 1926, certain lake-shore frontage in section 3, township 33 north, range 7 west, Charlevoix county, Michigan. The contract contained a forfeiture clause which provided for the retention by the vendors of any amounts paid and the buildings erected thereon if the vendees defaulted. This contract was not recorded.

On the death of the vendors, their interest in the premises passed to their children, defendants Ida. D’Ooge Boucher and Leonard D’Ooge.

Plaintiff Seymour…