Smith v. Ebert

Plaintiffs as grantees and assignees held title to a parcel of land and the vendors’ interest in a land contract under which defendant as assignee held the vendee’s interest. After continuing for approximately six years to make the contract payments to plaintiffs the defendant defaulted; and thereupon plaintiffs brought this suit at law to recover the unpaid monthly instalments. The defense urged was that plaintiffs were not entitled to recover in the action at law because there was no privity of contract between the parties nor was there novation. Prom judgment for plaintiffs the defendant…