Sloman v. Cutler

This suit by plaintiffs, husband and wife, named as vendors of property, owned by husband, in an executory land contract, against defendant Cutler, assignee of the purchaser, Rose M. Braidel, is in assumpsit' to recover instalments of the purchase price. Defendant had judgment. Plaintiffs have appealed.

The contract provides against assignment by the purchaser without written consent of the vendor, and this is coupled with a provision for forfeiture for breach.

Defendant accepted the contract by assignment from the purchaser, the vendors consenting thereto, and the assignee assuming performance…