Nelson v. Johnson

[¶ 38] I respectfully dissent.

[¶ 39] The majority suggests that the three-day notice and opportunity to pay before summary eviction is a mere formality. It is not. It was a required prerequisite to this eviction. Goodman Inv., Inc. v. Swanston Equipment Co., 299 N.W.2d 786, 789 (N.D.1980). In Goodman, this Court quoted favorably the South Dakota Supreme Court in Dakota Hot Springs Co. v. Young, 9 S.D. 577, 70 N.W. 842, 843 (1897):

No court, as far as our researches have extended, has held that without a demand of rent from the tenant in some form, a forfeiture could be predicated upon a…