Gruskin v. Fisher

Blair Moody, Jr., J.

(dissenting). The question presented is whether the summary proceedings to recover possession of realty act, 1972 PA 120, MCL 600.5701 et seq.; MSA 27A.5701 et seq., has altered the common-law rule that a vendor’s forfeiture of a defaulted land contract constitutes an election of remedies which precludes a subsequent foreclosure and deficiency judgment based upon the contract.

I

Plaintiffs Myron, Ellen, Ben and Frances Grus-kin, and Joan H. Volin entered into a land contract in 1969 to sell an apartment building in Detroit to Marshall Fisher and Charles Burger. The…