McHugh v. Rosaia

April 10, 1928, plaintiff, as vendor, entered into a contract for the sale of certain real estate to one Harris, as vendee. On April 19, 1928, Harris assigned the contract to the defendant Rosaia. Under the contract, there were principal payments of two thousand dollars each, due one, two, three and four years from date. Interest was payable semi-annually.

Rosaia made the payments due in 1929 and 1930. He failed to make the payment due April 14, 1931. On July 8, 1931, he executed and delivered to plaintiff a promissory note, payable in ninety days, in the amount of $2,527. This amount included…