Haag v. Pollack

WALTERS, Chief Judge.

This case concerns the breach of a real estate sales contract and its prohibition against assignment without the seller’s consent. The sellers are John and Mary Haag, plaintiffs-respondents in this action. In 1981, the buyers, defendants-appellants Steven and Pettra Pollack, entered into a “lease-purchase” agreement with Thomas and Maxine Howell, third party plaintiffs-appellants, and then in 1989 attempted to effect an assignment of the Haag contract to the Howells. The Haags sued, arguing that the earlier lease-purchase agreement was a disguised assignment made without…