Davey v. Nessan

Mutual (defendant) loaned money to Nessan and Dubeau (defendants) to buy farms under contracts for deed from the sellers (plaintiffs), taking a security interest in the buyers' contract rights and separately obtaining an agreement letting Mutual make payments on the buyers' behalf "at its election and without obligation" if they defaulted. After the buyers defaulted, Mutual took over their interest, made payments on the contracts for several years, then returned the farms to the sellers; the sellers accepted possession but sued all parties, including Mutual, for the money still owed, and the trial court dismissed Mutual from the case.