Taylor v. Groll
Michigan Supreme Court
1Opinion of the CourtWiest, J.
The bill should not be dismissed.
The decree providing for foreclosure should stand, but with the modification that Bernard J. Groll, the vendee in the land contract, and not John E. Nolan, the assignee of the vendee, or, by reason of his death, his estate, is liable for deficiency, if any, upon sale.
There was no novation releasing the vendee from liability, nor was he released by failure of the vendor to notify him of default in payments by his assignee.
Nolan, the assignee of the vendee, did not in the assignment assume and agree to make the land contract payments, and as this case is heard…
2Cited by2 opinions
- Kramer v. DavisMichigan Supreme Court · 1963
- Peterson v. LaMayWisconsin Supreme Court · 1972