CONTRACTS-LIABILITY Of ASSIGNEE FOR UNFULLFILLED DUTIES OF HIS ASSIGNED

Authors

Abstract

Plaintiff contracted for the sale of lands with H., title being reserved in the plaintiff. The contract purported to bind the assigns of both parties, and contained an acceleration provision in favor of the plaintiff on default of any payment. Under North Dakota law the parties were substantially in the position of vendor-mortgagee and vendee-mortgagor. H then assigned to the defendant who made payments to the plaintiff, and there was also testimony indicating that in the printed form of the assignment defend ant had promised the assignor to assume the duties under the original contract. Upon default and foreclosure sale of the land, held, plaintiff may recover the balance due by personal judgment against the assignee. Johnston Land Co. v. Whipple (N. D. 1931) 234 N.W. 59.

Recommended Citation

CONTRACTS-LIABILITY Of ASSIGNEE FOR UNFULLFILLED DUTIES OF HIS ASSIGNED, 29 Mich. L. Rev. 778 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss6/22