McConkey Realty Corp. v. Wildermuth

Sears, J.:

By motion for judgment on the pleadings the defendant has challenged the sufficiency of the complaint. It appears from the pleading that the defendant has assigned to the plaintiff a certain bond and mortgage which according to their terms secured the payment of $6,500 and interest. In the written assignment from defendant to the plaintiff the defendant covenanted that there was due and unpaid on the bond and mortgage the sum of $6,500 of principal and $155.46 of interest. The plaintiff paid as consideration for the assignment the full amount covenanted to be due and unpaid. It is…