Principle

CIVIL PROCEDURE – Pleadings – Statement of Claim – Agreement to Transfer Property Not Constituting Actual Transfer

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Critical distinction: agreement to assign (executory promise) versus assignment (executed transfer). "Agreement to assign is not an assignment" means: promise to transfer ≠ actual transfer, executory contract ≠ completed conveyance, and future obligation ≠ present disposition. Pleading "agreement to assign": doesn't admit transfer occurred, alleges…

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