Sahm v. Realty & Insurance Exchange

⁶⁵⁴ Urner, L, delivered the opinion of the court. By a contract in writing the appellant agreed to purchase certain real estate in the City of Baltimore for the sum of $4,050, subject to a ground rent which was described as redeemable. Prior to the date appointed for compliance with the terms of sale, the appellant executed an assignment of all his “right, title and interest” in the contract to the appellee. The assignment was endorsed on the contract and recited that it was made for value received.

The actual consideration for1 the transfer was $350, which wasi paid by a check drawn by the appellee, on which there was a notation that it wás to be used only at the time of the conveyance of the prop’erty. An examination of the title having disclosed that the ground rent to which the contract of sale referred was irredeemable, and that the title was, therefore, not such as the purchaser had a right to demand, the transaction could not be consummated. The return of the amount paid by the appellee’s check to the appellant, which in the meantime had been cashed, was then requested and refused. The present action ensued, and the trial before the court below, sitting as a jury, resulted in a verdict and judgment in the appellee’s favor for $365.75, being the amount of its payment with interest.

Only one exception wasi taken at the trial, and that was to the refusal of the court to rule that the appellee was not entitled to recover. The defense in the case is that the appellant merely assigned his interest in the contract of sale to the appellee, and that as the assignment contained no