Copeland v. Beard

217 Ala. 216, 115 So. 389 (1928)

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Nature of the Case

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Facts

When a debtor sells and conveys real and personal property, upon consideration in part that the purchaser shall assume and pay specified debts of the vendor, and on the same day, before the creditors for whose benefit the promise is made have assented thereto, the purchaser resells and conveys the property upon consideration in part that the sub-purchaser shall assume and pay the indebtedness, and the original vendor debtor thereupon releases the original purchaser from this promise to pay, can such a creditor thereafter maintain an action of assumpsit against the original purchaser (this was the issue proposed by the case book, but it states the facts of the case in rhetorical terms). P sued D to recover a debt. The owner of real property owed P a debt. That property owner sold his property to D and D agreed to pay the original debt owed to P. D immediately resold the property to a third purchaser and that purchaser agreed to take on the debt owed to P. The original property owner agreed to release D from the promise to pay P. Or course the third party defaulted and P sued D.