State v. Doll, 2012 ND 32

In 2003, Bendishes sold Fort Rice property to Castillo by contract for deed; down payment $7,500 and monthly payments of $620.86 at 5% interest.
Castillo made payments through January 1, 2005, after which payments became sporadic.
On December 28, 2006, a Lease Purchase Agreement was executed among Bendish, Castillo, and Cendak, but it was not filed of record.
Castillo and then Gange operated the Fort Rice Bar & Grill on the property; tax liens against Castillo were filed in 2009–2010.
In 2010, Bendishes sued to cancel the contract for deed; Cendak counterclaimed alleging assignment and full payment.
The district court cancelled the contract for deed, held no party had the right to redeem, and found disputes over amounts owed and whether there was a valid assignment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Redemption period after contract cancellation	Bendishes: court acted within discretion; no redemption right for Cendak.	Cendak: entitled to a redemption period due to possession and equity.	No abuse of discretion; no redemption right conferred.
Effect of Lease Purchase Agreement on assignment	Bendishes: document is not an assignment of the contract for deed.	Cendak: agreement contemplates assignment to Cendak.	Lease Purchase Agreement not an assignment; Cendak not entitled to redemption.
Whether Castillo’s interest was validly assigned to Cendak	Bendishes: no valid assignment; Cendak has no lien or title interest.	Cendak: assignment/promise to assign should be recognized.	No assignment proven; Cendak lacks interest to redeem.

Pyle v. Egeberg, 356 N.W.2d 94 (N.D. 1984) (cancellation by action; equity governs redemption)
Johnson v. Gray, 265 N.W.2d 861 (N.D. 1978) (cancellation of land contracts; equity standards)
Liebelt v. Liebelt, 303 N.W.2d 316 (N.D. 1981) (discretion on redemption after default; ordinarily avoid forfeiture)
Moch v. Moch, 562 N.W.2d 558 (N.D. 1997) (no automatic redemption period; court’s discretion)
Adolf Rub Trust v. Rub, 474 N.W.2d 73 (N.D. 1991) (no statutory redemption period upon cancellation by action)
Straub v. Lessman, 403 N.W.2d 5 (N.D. 1987) (equitable considerations in redemption)
Shervold v. Schmidt, 359 N.W.2d 361 (N.D. 1984) (equity-based review of contract cancellation)
Schumacher Homes, Inc. v. J & W Enters., 318 N.W.2d 763 (N.D. 1982) (equitable contract interpretation)
General Electric Credit Corp. v. Larson, 387 N.W.2d 734 (N.D. 1986) (contract interpretation as a whole)
Habeck v. MacDonald, 520 N.W.2d 808 (N.D. 1994) (ambiguity and extrinsic evidence in contract)
National Bank of Harvey v. International Harvester Co., 421 N.W.2d 799 (N.D. 1988) (interpretation of contract terms and intent)