Forbes v. Reynard

The plaintiff, the assignee of a contract for the sale of real estate, sues the defendant, the vendor, to recover the deposits paid and expenses for searching the title, *155upon the ground that the title offered does not comply with the contract, and the defendant, asserting her ability to give the agreed title, counterclaims for specific performance. The sufficiency of this counterclaim is assailed by demurrer. An assignment such as this transfers the assignor’s demand,- but does not transfer his liabilities without some agreement upon the assignee’s part to assume them (Bisp. Eq., § 173), and…