Palmer v. Schrage

While I am largely in accord with the general principles considered in the opinion of Mr. Justice SHARPE, I am unable to agree with his application of such principles to the facts in this case.

Defendants and appellees held the vendors' interest in a land contract dated October 27, 1924. On April 22, 1925, they assigned their interest to plaintiffs, and incident thereto signed the guaranty of payment quoted in my Brother's opinion. At that time the vendees were in default on the contract, which by its terms extended over a period of eight years. The vendees continued to be more or less in…