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BUTCHER v. LUMBER. CO.

No. 34265.

164 Ohio St. 85 (1955)

BUTCHER v. THE KAGEY LUMBER CO.; THE BARTLETT LUMBER CO., APPELLANT; OHIO MORTGAGE CO., APPELLEE.

Supreme Court of Ohio.

Decided July 20, 1955.

Attorney(s) appearing for the Case

Mr. Paul M. Perkins and Mr. John R. Milligan, Jr., for appellant.

Mr. M. W. Wendling and Mr. C. S. Weintraub, for appellee.

ZIMMERMAN, J.

It is now generally recognized that the vendor in a contract for the sale of real estate, after such contract is entered into, may assign and transfer his rights and interests therein to a third person, who may enforce the same. 55 American Jurisprudence, 827, Section 407; 66 Corpus Juris, 1065, Vendor and Purchaser, Section 835.

In our opinion a real distinction exists between a mere vendor's lien...

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