Unliquidated Real Estate Misrepresentation Claims Assignable
09/29/09
Where a cause of action at law in tort suits for damages could or would survive the death of an assignor, it is assignable. An individual can purchase a cause of action at law and enforce all the legal rights which go with it. Furthermore, a cause of action, even an unliquidated tort claim, is assignable if the claim would survive to the personal representative. [The court] likewise conclude[s] that the [original party in interest]’s unliquidated [real estate] misrepresentation claim would survive to a personal representative and thus was assignable. Adams v Cossa, Docket No. ED92601 (Mo.App.E.D. September 29, 2009).
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