Keyes v. Scharer

The question presented is whether the defendant Ray A. Scharer, who accepted an assignment of a contract without express assumption of his assignor’s unperformed obligations under the contract, is obliged to pay and perform such unperformed obligations of his assignor.

A written “Lease Agreement (with option to purchase)” dated November, 1964, between the plaintiff, Freeman Keyes, as lessee, and J. W. Bramlett and W. Van Gorp (hereinafter Bramlett-Van Gorp), as lessors, stated that in exchange for plaintiff’s payment of $1,500 to Bramlett-Van Gorp the latter leased to the plaintiff the “1965…