Baxley

Plaintiff’s complaint herein was entitled “Complaint in Forcible Entry and Detainer”. The cause was tried by the court sitting without a jury and from a judgment in favor of defendant, plaintiff appeals.

In 1930 the defendant corporation as vendor entered into a contract of sale with one Blaine as vendee covering the apartment house in question. It was an installment contract providing for monthly payments, giving the vendee the right of possession “until a breach or a default by the vendee” and giving the vendor the right upon any breach or default to “reenter upon the premises and resume possession thereof”. The last regular monthly payment upon the contract was made in August, 1931. Following the default, various amounts were paid to defendant from time to time, but no payment was made after July 26, 1932. At that time the vendee was in arrears on several payments. Blaine had assigned the contract to one Puissegur who in turn assigned it to plaintiff on August 24, 1932. Plaintiff tools: possession following the assignment of the contract to him, but, as above stated, no further payments were made. Plaintiff never resided upon the premises but engaged a Mrs. Roberts to act as…