Middleton v. Hancock

1599 S.E. 2d 1 (2014)

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Middleton v. Hancock

State of Equity Court of Appeal
1599 S.E. 2d 1 (2014)

SC

Facts

Fred Middleton (plaintiff) owned a strip mall subject to a mortgage held by Equity Bank. Middleton agreed to sell the strip mall to Herb Hancock (defendant). The sales contract stated: “Purchaser agrees to take over payments on the existing loan.” The deed stated the property was subject to a mortgage loan. Hancock fell behind on his mortgage payments. Equity Bank contacted Middleton and demanded he make the delinquent payments. Middleton did so and then brought suit against Hancock to recover the payments. The trial court granted Hancock’s motion to dismiss. Middleton appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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