Axvig v. Czajkowski

Summary

The Court reversed summary judgment cancelling the contract for deed because the agreement required the seller to provide two notices of default and opportunities to cure before pursuing cancellation. The Court held that choosing a judicial cancellation action did not eliminate those contractual prerequisites, even though statutory notice requirements may not apply to a cancellation action. The Court therefore concluded the Axvigs breached the contract by commencing the action without providing the required notices.