Dibble v. Harrow

Plaintiffs sued to recover instalments due on a land contract, and had summary judgment, from which defendant has appealed. The interest of plaintiffs is questioned. The declaration is that plaintiffs, who, with Euphemia Rennie, signed the contract as vendors, have succeeded to the interest of Mrs. Rennie, now deceased, hy order of assignment of the probate court. An affidavit contains a like recital. In one instance plaintiffs’ interest is stated to be by inheritance. But, on the-record, this statement creates no issue, and it is here construed as meaning the same as the averment of the…