Gafford v. Twitty

(After stating the foregoing facts.)

The court did not err in sustaining the motion of the defendant Gafford to dismiss the plaintiff’s petition as to him. He was not subject to the obligation of the contract of sale. As transferee of the bond he would have been entitled, upon completing the payments of the purchase-money, to enforce the bond by specific performance had the vendor refused to convey. If the assignee of the vendee of the property had assumed or agreed to assume the debt due petitioner for the purchase of the property, upon proper allegations thereof he would have been jointly…