VENDOR AND PURCHASER - MORTGAGING OF LAND BY VENDOR - EFFECT ON VENDEE's DUTY TO CONTINUE INSTALLMENT PAYMENTS

Authors

Abstract

Plaintiffs agreed in writing to purchase a tract of land from the defendant, the purchase price to be paid in stated installments or in full at any time at the option of the plaintiffs. Two days after the formation of the contract the defendant mortgaged the land, and about eight months later placed a second mortgage on it. Plaintiffs denied having any knowledge of the mortgages until attempts were made to foreclose them. Previous to this, however, they had defaulted in their payments. In an action in general assumpsit to recover the amount of the installments paid it was held on appeal that the plaintiffs might recover that amount less an allowance for their occupation of the land. Huff v. Knight, (R. I. 1934) 173 Atl. 121.

Recommended Citation

VENDOR AND PURCHASER - MORTGAGING OF LAND BY VENDOR - EFFECT ON VENDEE's DUTY TO CONTINUE INSTALLMENT PAYMENTS, 33 Mich. L. Rev. 461 (1935).
Available at: https://repository.law.umich.edu/mlr/vol33/iss3/27