Askren v. 21st Street Inn
United States Court of Appeals for the Seventh Circuit
988 F.2d 38 (1993)
Relevant factsFree
Askren (plaintiff) received half the purchase price at closing and a promissory note from buyer Cardinal for the remainder; when Cardinal defaulted on the note, Askren sued Cardinal's lender, Third (defendant), to foreclose an implied vendor's lien on the property, but the district court found he had waived that lien by accepting the note.
IssueFree
Whether, if a real estate seller has a security interest in property in the form of a vendor's lien for the part of a purchase price not paid upfront, the seller waives the right to recover under the vendor's lien if the seller later agrees to accept a promissory note for that remaining amount.
Related cases
County of Dane v. Norman497 N.W.2d 714 (1993)Holscher v. James860 P.2d 646 (1993)Maplewood Bank & Trust v. Sears, Roebuck & Co.625 A.2d 537 (1993)Atlantic Richfield Co. v. The Long Trusts860 S.W.2d 439 (Tex. App. 1993)Citizens Bank & Trust v. Brothers Construction & Manufacturing, Inc.859 P.2d 394 (1993)