Babson v. Village of Ulysses

4 Citing cases

  1. State Securities Co. v. Daringer

    206 Neb. 427 (Neb. 1980)   Cited 12 times
    Holding assignee acquires only rights of assignor

    The Daringers could not have exercised in 1975 the option to purchase contained in the 1971 lease and the plaintiff, as their assignee, could not do so either. An assignee acquires only the rights of the assignor. Hansen v. E. L. Bruce Co., 162 Neb. 759, 77 N.W.2d 458 (1956); Babson v. Village of Ulysses, 155 Neb. 492, 52 N.W.2d 320 (1952). The record further shows that the plaintiff never exercised any option.

  2. Industrial Loan Inv. Co. v. Lowe

    114 N.W.2d 393 (Neb. 1962)   Cited 1 times

    The assignment contained no clause by which the plaintiff agreed to be bound and assume the obligations of the contract. In Babson v. Village of Ulysses, 155 Neb. 492, 52 N.W.2d 320, under such circumstances, it was held: "An assignment of a contract or a right flowing therefrom does not create a contractual obligation between the assignee and the other party to the contract in the absence of assumption of the liabilities of the assignor by the assignee. 4 Am. Jur., Assignments, 102, p. 310, Tolerton Stetson Co. v. Anglo-California Bank, 112 Iowa 706, 84 N.W. 930, 50 L.R.A. 777; Pioneer Loan Land Co. v. Cowden, 128 Minn. 307, 150 N.W. 903.

  3. Mid-America Appliance Corp. v. Federated Finance Co.

    109 N.W.2d 381 (Neb. 1961)   Cited 3 times

    Hansen v. E. L. Bruce Co., 162 Neb. 759, 77 N.W.2d 458. The assignee stands in the shoes of the assignor and is bound by the terms of the contract to the same extent as the assignor. Babson v. Village of Ulysses, 155 Neb. 492, 52 N.W.2d 320. The assignment from Consumers Mart conveyed to the plaintiff only the rights that Consumers Mart had in the reserve accounts.

  4. Hansen v. E. L. Bruce Co.

    162 Neb. 759 (Neb. 1956)   Cited 13 times

    Such an assignment does not affect or change any of the provisions of the contract. If the assignor could not have maintained an action based on the contract, neither can the assignee. Babson v. Village of Ulysses, 155 Neb. 492, 52 N.W.2d 320; Remmenga v. Selk, 150 Neb. 401, 34 N.W.2d 757; United States Nat. Bank v. Alexander, 140 Neb. 784, 1 N.W.2d 920; 4 Am. Jur., Assignments, 95, p. 304; 6 C.J.S., Assignments, 99, p. 1155. It is immaterial in this litigation what the views of appellees were as to the meaning or effect of the contract.