247 N.W. 732 | Mich. | 1933
Plaintiffs sued to recover instalments due on a land contract, and had summary judgment, from which defendant has appealed. The interest of plaintiffs is questioned. The declaration is that plaintiffs, who, with Euphemia Rennie, signed the contract as vendors, have succeeded to the interest of Mrs. Rennie, now deceased, by order of assignment of the probate court. An affidavit contains a like recital. In one instance plaintiffs' interest is stated to be by inheritance. But, on the record, this statement creates no issue, and it is here construed as meaning the same as the averment of the declaration.
Citing Dirr v. Hitchman,
On the facts as stated, and as the record is that defendant purchaser is responsible for failure of plaintiffs in respect of the mortgage, the fact of mortgage is no defense to this action for purchase money. The case is not ruled byDirr v. Hitchman, supra, but in principle by Langley v. Kirker,
Affirmed.
McDONALD, C.J., and POTTER, SHARPE, NORTH, FEAD, WIEST, and BUTZEL, JJ., concurred.