Trammell
Wittner Appliances v. Trammell
Opinion
Lead Opinion
Dyke, J.
This appeal involves the liability of successive assignees of a conditional sales contract for the obligation of the first assignor.
Under date of September 23, 1955, Corwin S. and Lena Johnson, husband and wife, hereinafter called “Johnsons,” entered into a contract with Security Land and Development Company, Inc., a copartnership, hereinafter called “Security,” for the purchase by Johnsons from Security of certain real property for which Johnsons were to pay $46,000. The contract also covered the purchase of certain appliances for which Johnsons were to pay $4,225. That part of the contract which governed the purchase and sale of the real estate was closed through a title company in the usual manner and the real estate transaction having been completed, there was left unperformed the mutual obligations of the parties concerning the purchase of the appliances. On this subject the contract provided: “Buyer agrees to purchase the following appliances: eight (8) Automatic GE Washers; eight (8) GE Electric ranges; eight (8) GE refrigerators of the total sum of Four Thousand two hundred twenty-five dollars ($4,225.00).” It appears that prior to the contract between Security and…