Murphy v. Mclntyre, 152 Mich. 591. Defendant failed to make the payments as they became due upon an executory contract entered into with the plaintiff. Upon such default being made plaintiff notified defendant that because of said default the contract had become void.

The court held that mere default of the vendee alone under such a contract does not work a forfeiture. Notion of election of the vendor to forfeit is required in order to terminate the contract relation. In this case there was default and notice given by the vendor to the vendee that the contract had become a nullity. Therefore the plaintiff is entitled to immediate possession.

Jones v. Bowling, 117 Mich. 288. Plaintiff and defendant executed a land contract whereby plaintiff was to convey and defendant to purchase certain described property for a certain consideration, part to be paid down and the balance in installments due at certain specified times. According to the terms of the contract if the vendee should default in any of the payments the vendor could declare the contract void and treat previous payments as stipulated rents. The vendee in this case did fail to keep up the payments, but after such default the vendor consented to delay for a time the enforcement of the forfeiture clause in the contract in order to give the vendee time to raise more money and the vendor accepted some small payments on the contract after said extension of time. Defendant vendee did not secure sufficient funds to complete the purchase and plaintiff declared the contract forfeited. Defendant contended that the plaintiff had waived his right to declare the contract void by extending the time of payment and by accepting payments thereafter.

The court held that the right of the vendor to declare a forfeiture had not been waived by extending the time and that upon defendant's default the plaintiff was entitled, upon giving notice of his intention to rely on the forfeiture clause of the contract, to declare the contract void and to immediate possession of the premises.