Lockwood v. Lisby

OPINION

MASSEY, Chief Justice.

Judgment for an amount stipulated as damages because of a certain trustee’s sale which divested appellee Lisby of title to realty was rendered for him against Mrs. Lockwood, trustee, and Mrs. Young, mortgagee, on the theory that the sale was in breach of contract. Mrs. Young and Mrs. Lockwood appealed.

Affirmed.

Correctly, we believe, the trial court treated Lisby’s injury as vicarious, i. e., because his loss would have been one suffered by Mrs. Young’s mortgagors— who had transferred and assigned to Lisby their rights in and to the subject property —had there been…