Terry v. Born

The question presented by this appeal is whether it was error for the tried judge to gremt a judgment on the pleadings and declare a forfeiture of a real estate contract. We hold that it was.

Plaintiffs Terry contracted to sell real property to defendemts Born, who agreed to pay the purchase price in monthly installments over a period of years. The contract did not permit prepayment by Born and it was "not assignable nor [could] ,the buyer convey the property without the seller's written consent." Exhibit 1.

When Born subsequently contracted to sell to defendants Rollins without Terry's…