Manuel Alegre v. Marine Motor Sales Corporation, Debtor

I cannot agree with the majority, partly because I do not see the facts as the majority sees them, and partly because I cannot agree that the majority has made a proper application of the law. The majority takes the facts from the petition of appellant as filed in the District Court and says that the facts so recited appear to be without dispute. I cannot indulge in some of the inferences which the majority seems to draw from the petition.

The majority assumes that the title to the vessel was in appellant, the purchaser, prior to his rescission. If so, it could only have been vested in him…