Coe v. Bennett

On August 30, 1919, plaintiffs and respondents entered into a contract for the sale of real estate with Walter Bauchman, assignor of defendant Bennett. Bauchman paid $4,000 down, agreeing to pay the balance of $13,000 in specified instalments upon December 30th of each succeeding year up to and including 1922. On November 1, 1919, for a paid consideration of $6,250, he sold and assigned his contract to the aforesaid defendant who paid plaintiffs the next ensuing instalment of $2,500 together with $1,213 interest. The contract contained the following proviso:

“And it is expressly agreed by and…