Bishop v. Beecher

CARMODY, Justice.

This case is before us on stipulated facts and the appeal results from a motion for summary judgment by both parties, the court granting defendants’ motion and denying plaintiffs’ motion.

The facts, briefly stated, are as follows:

Plaintiff-appellants as vendees and defendant-appellees as vendors entered into a real estate contract for the purchase and sale of a house in Albuquerque, New Mexico, on July 7, 1953. By the terms of the contract, vendees assumed and agreed to pay an existing mortgage on the premises in which the vendors were mortgagors. Other than the assumption of…