Barton v. Perryman

Darrell Hickman, Justice.

This is an appeal of a chancery foreclosure decree and judgment on a contract of sale. We find the decree must be reversed.

The sellers and appellees, George E. Perryman and others, had sold a house trailer and lot located in Perry County. The initial sale was to Vernon and Elizabeth Highfill in 1973. The sale was perfected by the execution of a Purchaser’s Agreement and promissory note which was prepared by the appellees calling for payment in monthly installments.

In 1974, the original Purchaser’s Agreement was assigned to the appellants, Benjamin and Connie Barton.…