Lowe v. Walter

AREND, Justice.

This is an action in which the plaintiff as seller under a written contract for the sale of real property is suing to recover the balance of the purchase price from the defendants, who are assignees of the original purchasers and are charged with being in default under the terms of the contract. The defendants answered that by the very terms of the contract any default on their part has terminated the contract and relieved them of any further liability thereunder, and that the seller had repossessed the property.

At the conclusion of a trial by the court without a jury, the…