Rosenthal v. American Construction & Realty Co.

While I concur in the result reached by Mr. Justice McDonald, I am not fully in accord with the statement of law as made by him and assigned in support of his conclusion. I think decision should rest on the proposition that, after notice of forfeiture and an adjudication based thereon before the circuit court commissioner, the contract must be considered as entirely abrogated and all rights of the respective parties thereunder terminated.

The portion of Justice McDonald’s opinion to which attention should be challenged reads:

“If the defendant (vendor) had breached the contracts he could not…