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Contracts Keyed to Fuller
Copeland v. Beard
Citation:
217 Ala. 216, 115 So. 389 (1928)Facts
The case involves a transaction where a debtor sold and conveyed real and personal property to Copeland (defendant), with part of the consideration being that Copeland would assume and pay specified debts of the vendor. On the same day, before the creditor Beard (plaintiff) had assented to this arrangement, Copeland resold and conveyed the property to a subpurchaser, with part of the consideration being that the subpurchaser would assume and pay the same indebtedness. The original debtor then released Copeland from his promise to pay. Subsequently, Beard attempted to enforce the promise against Copeland through an action of assumpsit. The Court of Appeals distinguished this case from Clark v. Nelson, stating that there was a difference between rescission (where property is reconveyed to the original debtor) and release without reconveyance.
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