TERRY v. BORN

No. 6623-1.

24 Wn. App. 652 (1979)

604 P.2d 504

WALTER J. TERRY, ET AL, Respondents, v. WILLIAM J. BORN, ET AL, Defendants, ROBERT C. ROLLINS, JR., ET AL, Appellants.

The Court of Appeals of Washington, Division One.

November 19, 1979.


Attorney(s) appearing for the Case

John A. Paglia, for appellants.

Montgomery, Purdue, Blankinship & Austin, George W. Akers, and L.O. Hurst, for respondents.


JAMES, J.

The question presented by this appeal is whether it was error for the trial judge to grant a judgment on the pleadings and declare a forfeiture of a real estate contract. We hold that it was.

Plaintiffs Terry contracted to sell real property to defendants Born, who agreed to pay the purchase price in monthly installments over a period of years. The contract did not permit prepayment by Born and it was "not assignable nor [could] the buyer convey...

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