Usually a vendee in filing an action to obtain relief from forfeiture of a land contract requires injunctive relief to prevent the defendant from dispossessing him during the pendency of the equity action, and specific performance of the contract, as the attitude of the vendor in forfeiting such agreement is indicative of some unwillingness on his part to carry out the terms thereof.

The following form of bill of complaint for relief from forfeiture contains averments both for specific performance, and injunctive relief pending the action.

(Address and Introduction.)

1. That on or about the......................day of......................the plaintiff herein, and C. D., the above named defendant, made gun, in which case it is likely that no suit would have been necessary. The money should in any event have been brought into court so that the court might be certain that the terms upon which relief from forfeiture was granted would be complied with."

However, notwithstanding the somewhat forceful language used, the Supreme Court in this case reversed the decree of the Ogemaw Circuit Court upon the condition that the plaintiffs pay within sixty days after the entry of the decree the unpaid purchase price of the land, together with all arrearages of interest and taxes, and also the costs of both courts.

24. Public Acts 243, 1917, provid ing that where a judgment for restitution of the premises shall be given in possessory proceedings be-for a Circuit Court Commissioner where an executory contract for the sale of land is forfeited, the commissioner shall determine the amount due upon the contract, and if the vendee shall pay such amount within 30 days, the judgment shall be vacated.

25. Security Investment Co. v. Meister, 214 Mich. 338.

and entered into a certain agreement and contract in writing for the sale by said defendant to this plaintiff of the following described real estate to wit: (here describe the real estate), upon the following terms and conditions: (here state briefly the terms of the contract, and particularly the condition of the contract violated), a true copy of such contract being hereto attached, marked "Exhibit A," and made a part hereof.

2. That this plaintiff has in all respects fully carried out the terms and conditions of said contract on his part to be performed except as hereinafter set out and has paid to said defendant upon such agreement the following sums of money, to-wit: (here state the amounts and dates if possible of the various sums of money paid upon the agreement together with interest and taxes) upon said property making a total of............

....................dollars paid by the plaintiff to the defendant upon said contract. (If the plaintiff has made any valuable improvements on the land, set out in detail the character and value of such improvements so that the bill will show the full value of plaintiff's equity in the property.)

3. That on the....................day of...................., a payment became due on said contract amounting to....................dollars and that on said date plaintiff was absent from the city of................

where, plaintiff then resided, and the fact that such payment on said contract became and fell due on said date had temporarily slipped from the memory, of plaintiff, and by reason whereof plaintiff failed to make said payment in accordance with the terms of said contract: (or, here state any other reason why the payment was not met or why vendee became in default).

4. That upon plaintiff's return to said city, to-wit, on the

...................day of....................plaintiff immediately tendered to said defendant the amount of such payment together with interest thereon from the date said payment became due, but that said defendant then and there wholly refused to accept said payment and then and there served on this plaintiff a notice declaring said contract wholly forfeited, which course defendant had a right to take according to the provisions of said contract and that said defendant refused to recognize this plaintiff as a party to said contract, or that said contract is now existent and claims that the same has been wholly forfeited and is about to begin an action at law against this plaintiff to recover possession of said real estate and will do so and dispossess this plaintiff, thereby causing plaintiff irreparable damage unless restrained by this Honorable Court from so doing.

5. That said property has greatly enhanced in value since plaintiff has purchased the same and that to permit a forfeiture of said contract under the circumstances would be wholly unjust, unconscionsable and inequitable; that unless plaintiff shall be permitted to redeem from the forfeiture of said contract, as thus declared by the defendant, plaintiff will suffer great and irreparable loss and damage by way of a penalty and will lose all moneys he has paid upon said contract and all the various sums he has from time to time invested in improvements in said property and the increase in the value thereof amounting in the aggregate to the sum of........................dollars.

6. That prior to the institution of this action, to-wit, on the ....................day of....................this plaintiff tendered to the defendant the sum of....................dollars, being the total amount due upon said contract together with interest on the same as provided in said contract, which tender the defendant then and there refused and plaintiff hereby tenders and has paid to the Clerk of this Court said sum and hereby tenders and stands ready and willing to pay to the defendant any and all loss which the defendant may have sustained by reason of plaintiff's default under said contract.

7. That said defendant has suffered no loss or disadvantage by reason of plaintiff's failure to pay said installment as provided in said contract as herein set forth and will suffer no loss if plaintiff is allowed to redeem from said forfeiture.

8. That this plaintiff is now ready and willing to specifically perform said contract on his part, although the defendant herein has wholly neglected, failed, and refused to carry out the terms of said agreement or to specifically perform the same.

Wherefore, plaintiff prays the following relief: 1. That a restraining order issue from this Honorable Court enjoining and restraining said defendant from beginning any action at law for the recovery of said premises, or from selling, assigning and transferring the same during the pendency of this action and until the farther order of this court.

2. That this plaintiff may be permitted to redeem from the forfeiture of said contract and defendant's interest therein as hereinbefore set forth and averred.

3. That the defendant herein, C. D., may be decreed specifically to perform the said agreement entered into with the plaintiff as aforesaid, this plaintiff being ready and willing and hereby offering specifically to perform said agreement on his part.

4. That plaintiff have such other, further and different relief as may seem agreeable to equity and good conscience.