The notice of forfeiture should describe the contract briefly, giving the date, name of the parties, the description of the real estate, and should specify the particular default in the contract for which the forfeiture is declared. The notice should unequivocally state that the vendor elects to declare the contract forfeited, and that he terminates by such notice all contractual relations with the vendee. The following is a form in general use among the profession:

....................................Mich.,........................19......

To (here name of vendee):

You are hereby notified that a certain land contract bearing date the....................day of...................., 19......, by and between

(John Jones), party of the first part, and (William Smith), party of the second part, is in default by reason of the non-

18. See cases cited above in notes 17, supra.

19. See cases cited in notes 16 and 17 supra.

20. See cases cited in notes 16 and 17 supra.

21. Wellington v. Strickland, 161 Mich. 235.

payment of the installments of principal and interest due thereunder, and you are hereby further notified that said (John Jones), elects to declare and does hereby declare said land contract forfeited, and you are hereby further notified to yield, surrender and deliver up possession of the premises in said land contract mentioned and of which you are now in possession under and by virtue of the terms thereof. Said premises are described in said land contract as follows, viz.: (here give description of property).

(Signature)..............................................................

(Proof of Service.)

STATE OF MICHIGAN, COUNTY OF.............................

ss.

..........................................................being first duly sworn says that on the....................day of...................., 19......, he served a notice of which the above is a true copy, on........................, by

Subscribed and sworn to before me this....................day of

...................., 19.......

..........................................................

Notary Public,....................Co., Mich.

My commission expires...................................................

The following more amplified form was used in a case which came before the Michigan Supreme Court.22

"Please to take notice that by reason of the failure on your part to perform the covenants and agreements by you to be performed under the provisions of a certain agreement in writing entered into the....................day of...................., A. D.

............, by and between the undersigned, as party of the first part, and (here name of other party), party of the second part wherein the undersigned did agree to convey to the above mentioned (name of party), the following described real estate, viz.: (here describe the real estate) in that you have utterly failed, neglected, and refused to pay to the undersigned any part of the purchase price of said described land as provided in said agreement and have utterly failed, neglected, and refused to pay to the undersigned any of the interest upon said purchase price, the undersigned has elected to consider him-

22. Cornell v. Norton, 188 Mich. 191.

self released and discharged of and from any and all liability on any of the covenants specified to be done and performed on his part, and the undersigned does hereby elect to consider himself so released and discharged, and the undersigned does hereby declare the said agreement and all of your rights thereunder forfeited by you for the reasons above set forth and for the reason that you have failed and refused to fulfill and perform the agreements which by the terms of said agreement were to be fulfilled and performed by you.

"And you will also please take notice that you are hereby required to quit, surrender, and deliver up possession to me of the premises hereinbefore described, which you now hold of me as my tenant, on or before the................day of................,

A. D............., for the reason that I intend to terminate your tenancy and repossess myself of such premises on the date above mentioned.

"Dated this....................day of...................., A. D..........:..."

(Signature)..........................................................