Case of Lozon v. McKay, 203 Mich. 365.

Plaintiff and defendant in this case entered into a land contract whereby the plaintiff agreed to purchase said real estate for the sum of $1850.00, payable $1050.00 in cash, $200.00 on April 4, 1916; $100.00 on April 4, 1917; $100.00 on April 4.

21. Definition, of public policy, 33 Cyc. 125.

22. See Sec. 145 ante.

1918, and $400.00 on April 4, 1919, together with interest at the rate of six per cent. per annum, and also all taxes and assessments. Plaintiff paid first payment, made improvements on the place, by way of sheds and foundations to the value of $1300.00 paid one installment of interest in November, 1914, paid the taxes for 1914, 1915, but did not pay them for 1916, and became in arrears on the principal of said contract for more than ninety days to the extent of $200.00. In July, 1916, the defendant served a notice of forfeiture on the plaintiff. The plaintiff filed a bill for specific performance. The lower court entered a decree dismissing the bill of complaint and upholding the forfeiture.

Upon appeal to the Supreme Court the lower court was reversed, and this notwithstanding the fact that no tender of the amount due on the contract was made before filing suit, nor was the amount due paid in the court; the bill of complaint in this case asked that a decree for specific performance be made but did not ask that the plaintiff be given relief from the forfeiture except by implication. In handing down its decision in this case the court used the following language:

"Treating the bill as amended so as to ask for relief from the forfeiture, and extending to their limits the rules governing the granting of relief in such cases, the decree below may be modified so as to relieve plaintiff from the forfeiture upon condition that within sixty days after the entry of decree in this court they pay to defendant, or to the register of the Circuit Court for the County of Ogemaw, the unpaid purchase price of the land, with all arrearages of interest and any sum paid by defendant for taxes upon the land, with costs of both courts, upon which payment defendant shall execute and deliver a conveyance in accordance with the contract; in default of which payment defendant shall have the relief granted him in the court below with costs of both courts."