Hardinger v. Fullerton

— This action was brought in the court below by appellant Hardinger against defendants Fullerton and wife and' Sutherland and wife to recover from them installments due on a real estate purchase contract. For brevity, the parties will henceforth be designated as plaintiff, defendants Fullerton, and respondents. Defendants Fullerton, who had transferred the contract to respondents, cross-complained against respondents on the theory that they had assumed the payments due thereunder.

Upon a trial to the court, it found on the facts that respondents had not assumed the payments, and entered…