Hilger v. Cotter

COMPTON, Justice.

The plaintiff appeals from an order dismissing his complaint in which he sought to recover the entire amount due under a real estate contract alleged to be in default.

The dismissal was based upon two grounds, (a) that the complaint failed to state a claim upon which relief can be granted, and (b) that plaintiffs interest in the real estate which is the subject of the action had been extinguished.

The plaintiff, Lowell Hilger, was the assignee of a certain real estate contract, dated April 15, 1958, between parties by the names of Storms, as sellers, and Reed, as purchasers, in…