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Copeland v. Beard

Alabama Supreme Court

115 So. 389 (1928)

Relevant factsFree

Marvin Copeland (defendant) bought real property conditioned on assuming certain seller debts owed to B.V. Beard (plaintiff), but before Beard ever assented to accepting Copeland as her new debtor, Copeland resold the property to a new purchaser who assumed the same debts, and the original seller released Copeland from his assumption promise as part of that second transaction. Beard sued Copeland to recover the debt, and the trial court and court of appeals ruled for Beard.

IssueFree

Whether, if a debtor no longer has a right of action against a third party who promises to pay the debt, the creditor has a right of action against the third party.

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