Bagwell v. Sportsman Camping Centers

Deen, Judge.

Carter and the Bagwells are in agreement that they have no factual quarrel among themselves, in that the property was purchased and paid for as between themselves, there was no misrepresentation, and Carter agreed to "assume note for the balance due on franchise.” This is a situation frequently encountered in sales of personal property or real estate encumbered by secured debts, and it is well established that while the property may be sold, the grantor will continue to be the person primarily responsible thereon in the absence of an agreement by the creditor to look to the…