Lovelace
Lovelace v. G.L. Crenshaw
Opinion
Lead Opinion
James, J.
This action was brought in part to compel specific performance of a contract made by defendant Brent Investment Company, whereby said Investment Company agreed, in consideration of certain payments to be made to it, to convey to the plaintiff a certain parcel of real estate.. Judgment was in favor of all of the defendants except the Brent Investment Company, and plaintiff has appealed therefrom. The judgment as to said Investment Company was for the recovery of damages only. [1] So far as the appeal is concerned, the only complaint made by the plaintiff is that the defendant Crenshaw should have been required to respond under the judgment, on the ground that he had assumed the obligations of Brent Investment Company. This claim arises through the fact that, after the making of the contract between the Brent Investment Company and the plaintiff, the contract, together with a number of others of similar kind, was assigned to Cr.enshaw as security for an indebtedness owing by the Brent concern to said Crenshaw. A deed in ordinary grant form was also made for a like purpose by the Brents, conveying to Crenshaw the whole of the property involved. As a matter of fact, that property was…