It is provided by recent statute that where a person shall have contracted to convey real estate, and shall have died subsequent to the execution of such contract, leaving such contract subsisting and in force, the executor or trustee under the will, administrator of such decedent's estate, or the guardian of a minor, if such minor be the owner of the interest, may demand and enforce payment of the moneys part due or falling due on such contract and in case a cause of forfeiture of such contract shall have accrued or shall accrue after such death, may declare such contract forfeited. The statute also applies to the guardian of persons who have been adjudged insane, incompetent or spendthrift.

The statute farther provides that when any such contract shall have been forfeited, as aforesaid, of such lands and rights and claims in and to such lands, shall to all intents and pur-

14. In the case of Preston v. Whitney, 23 Mich. 259. In requiring the vendor of a piano contract to account to the vendee for a payment made on account of a piano contract the court held:

"The defendant having received $100 of plaintiff's money paid only in consideration of the proposed purchase and having taken the property back which constitutes the consideration and having terminated the contract upon which it was paid has so much money In his hands for which he should account to the plaintiff upon just and equitable principles, he doubtless would have the right to deduct from the amount a fair compensation for the use of the piano during the period of time it remained with the plaintiff. But he would have no right to, under the terms of this agreement to claim a forfeiture of all the money paid beyond reasonable compensation." Pp. 266, 268,

In the case of Davis v. Trowbridge, 44 Mich. 159, the court followed the foregoing decisions holding that where the plaintiff put an end to the contract there was a failure of consideration as to the payments defendant had already made and that the plaintiff became liable to pay back what the defendant had paid.

poses be thenceforth deemed to be held and shall be treated in the same manner as land purchased at mortgage sales by executors or adminitsrators under and in pursuance of Section 13856 of the Compiled Laws of 1915.15

15. In case a person shall have contracted, or shall contract to convey any land, or right, interest, or claim in or to lands, and shall have died, or shall die, before he shall have executed, or shall execute, deeds or conveyances in pursuance of such contract, leaving such contract subsisting and in force; or if such contract shall have been assigned, or shall be assigned, then if the assignee of such contract, entitled to the benefit thereof, and grantee of such contracted premises subject to the contract, shall have died, or shall die, or if such person or the assignee of such contract shall have been adjudged, or shall be adjudged, insane, incompetent, or a spendthrift, before deeds or conveyances shall have been executed of the contracted premises in pursuance of such contract, leaving such contract subsisting and in force, or if the owner of such vendor's interest is a minor, the executor of the will, or trustee under the will, or administrator of the estate of such deceased person, or guardian of such ward, whether the party contracting or his assignee, may demand and enforce payment of the moneys part due or falling due on such contract, and in case a cause of forfeiture of such contract shall have accrued, or should accrue, and not waived, may declare such contract forfeited.

"That when the contract for any lands, or any right, interest or claim in or to lands heretofore contracted to be sold, shall have been forfeited, and shall have been duly declared to have been forfeited, as aforesaid, all such lands and rights, interests and claims in or to lands, shall, to all intents and purposes, be thenceforth deemed to be held, and shall be treated in the same manner, as lands purchased at mortgage sales by executors or administrators under and in pursuance of section thirteen thousand eight hundred fifty-six of the Compiled Laws of nineteen hundred fifteen. Approved May 13, 1919."

The referred sections of the Compiled Laws of 1915, provide as follows:

"When any mortgagee of real estate, or any assignee of such mortgage, shall die without having foreclosed the right of redemption, all the interest in the mortgaged premises conveyed by such mortgage, and the debt secured thereby, shall be considered as personal assets in the hands of the executor or administrator; and he may foreclose the same, and have any other remedy for the collection of such debt which the deceased would have had if living, or may continue any proceeding commenced by the deceased for that purpose.

In case of the redemption of any such mortgage, or the sale of the mortgaged premises by virtue of a power of sale contained herein or otherwise, the money paid thereon shall be received by the executor or administrator, and he shall thereupon give all necessary releases and receipts; and if, upon