Carpenter v. Smith

I respectfully dissent. Today, the lead opinion applies the doctrine of anticipatory breach to a land contract foreclosure proceeding and thus permits the circuit court to accelerate the installment payments not yet due under the parties’ contract to purchase real estate in Genesee County.

The foreclosure of land contracts is governed by statute. See MCL 600.3103 et seq.; MSA 27A.3101 et seq. Under Chapter 31 of the Revised Judicature Act, there is no provision for the doctrine of anticipatory breach. On the contrary, the act provides that a complaint in foreclosure "shall be dismissed upon…