Axvig v. Czajkowski

Citations

• 2025 ND 135

Syllabus

A district court misinterpreted a contract for deed by allowing a party to proceed with a cancellation action without first providing the other party notice of the default and time to cure the default as required by the contract. A remedy is the appropriate legal form of relief by which that remediable right ay be enforced. It is the form of relief by which the right is enforced and is not part of the cause of action. Cancellation of the contract for deed is one remedy, which may be achieved by alternative methods: 1) a statutory cancellation under N.D.C.C. ch. 32-18; or 2) a court action. Cancellation of a contract for deed by action is an action in equity, and the court must base its decision on equitable principles. In the absence of express terms specifying notice and redemption, an action for cancellation has a presumption that notice and redemption are appropriate and require specific findings weighing the equity of a notice and redemption period.