Fry v. Miller

Plaintiff seeks specific performance of a land contract of which defendant had declared a forfeiture and given notice thereof. The contract price was $1,500. Plaintiff had paid $1,183.50. A few days after he received the notice of forfeiture, he tendered $300, and afterwards paid taxes amounting to $525.67.

In Waller v. Lieberman, 214 Mich. 428, we-approved the rule stated in 39 Cyc. p. 1384, that where a vendor has accepted past-due payments it is but equitable in case he afterwards seeks to rely on the provision for forfeiture in the contract to require him to give a notice stating the…