Kapelovitch v. White

Plaintiff, claiming to hold by assignment-a land contract, in which his brother-in-law Harry Widre is vendee and defendant Ada White vendor, filed the bill herein to be relieved from a forfeiture and granted specific performance. He makes no tender in court of the amount due on the contract and shows no ability to pay, but expresses the hope that, if given time, he can sell and pay what is due. His bill was dismissed in the circuit and, by appeal, we are asked to grant him relief. Two questions of fact are presented. Was there a bona fide assignment of the contract? If so, was notice of the…