Matter of Trilling and Montague

KIRKPATRICK, Chief Judge.

In view of the thoroughly considered review of authorities contained in the opinion of the learned Referee, a detailed discussion of them here would be superfluous. I fully agree that the weight of authority decidedly supports the Referee’s conclusion that the trustee in bankruptcy is hot bound by the restrictive stock agreement and that he had the right and obligation to sell the stock for the best price obtainable.

Whatever the implications of the decision of the Superior Court of Pennsylvania in Garrett v. Philadelphia Lawn Mower Co., 39 Pa.Super. 78, may be, all…