Branch v. Western Factors, Inc.

ELLETT, Justice.

William G. Fowler, as trustee in bankruptcy for Western National Investment Corporation, appeals from a judgment of the trial court wherein his cross-claim against Arnell Heaps was denied.

On June 22, 1962, Heaps entered into a conditional sales contract for the purchase of an apartment house. On September 3, 1963, he assigned his rights therein to a corporation, the predecessor of Western National Investment Corporation, for a parcel of unimproved real estate together with stock in the assignee. As a part of the contract of assignment the assignee agreed to hold Heaps harmless…