156 Ga. 109 | Ga. | 1923
(After stating the foregoing facts.) Can the obligees in a bond for title, after they have sold and by their deed conveyed to a third person the premises which the obligor agrees to convey to them upon the payment of the purchase-money, and in which deed they assign said bond for title to such person, when sued for the last installment of the purchase-money, in their answer pray for, and have, a decree requiring the obligor to convey to the vendee and transferee of their immediate vendee of such premises and to their assignee of said bond said premises, upon their payment, or offer to pay, the purchase-money in full? In other words, can the obligees in said bond for title, when sued for the balance due on the purchase-price, seek, in their answer, specific performance of the contract of purchase, in behalf of one who claims under their immediate vendee of such premises and their assignee of said bond for title, especially when such subvendee or subassignee is not a party, to the suit? We think not. The general rule 'is that an action oh a contract must be brought in the name of the party in whom the legal interest in such contract is vested. Civil Code (1910), § 5516; Cochran v. Strong, 44 Ga. 636; Dalton City Co. v. Johnson, 57 Ga. 398; Foster v. McGuire, 96 Ga. 447 (23 S. E. 398). By their written assignment of this bond for title, the obligees therein had no longer any legal interest in the contract of purchase which would enable them to sue, the obligor for its specific performance. Such right vested in the final assignee of the bond, who alone could sue the obligor for specific performance of her contract of sale. Robinson v.
But on the trial proof of the assignment of the bond for title in writing was made, and such proof negatived the right of the defendants to specific performance of this contract either for themselves or for the use of the subassignee. For this reason the court erred in rendering a decree for its specific performance in behalf of such assignee. This renders it unnecessary to determine the question whether the evidence was sufficient to authorize a .decree for specific performance. We affirm so much of the judgment of the court as finds for the plaintiff upon the note sued upon; but we reverse the final decree requiring the plaintiff to convey
Judgment affirmed in part and reversed in part.