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Rosenberg v. Son, Inc.

North Dakota Supreme Court

491 N.W.2d 71 (1992)

Relevant factsFree

Mary Pratt (defendant) bought a Dairy Queen from the Rosenbergs (plaintiffs) and later assigned her rights and delegated her duties under the sales contract to Son, Inc. (defendant), with the Rosenbergs' signed consent to the assignment. Son later assigned the contract onward to Merit Corporation, which relocated the Dairy Queen, defaulted on the remaining balance, and went bankrupt. The Rosenbergs sued both Son and Pratt for the unpaid balance; the trial court granted summary judgment to Son and Pratt, and the Rosenbergs appealed.

IssueFree

Whether the assignment of a contract relieves the assignor from liability under the contract.

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