Cullins v. Magic Mortgage, Inc.

This is an appeal from the granting of judgment of directed verdict for defendants on plaintiffs’ suit to enjoin foreclosure and sale of plaintiffs’ house for default on a mortgage.

The facts appear to be as follows: The plaintiffs purchased their home on a land contract for $12,500 from Paul and Mary Duika in July of 1953. On October 7, 1953, the Duikas assigned their vendors’ interest in the contract to David and Henry Rott. For the next ten years, plaintiffs paid on the contract, making approximately $8,500 in payments. In late 1963, however, plaintiff, James I). Cullins, became ill and was…