Gordon v. Schellhorn

Bentley, V. C.

This is a bill to rescind a contract for the sale of machinery and cancellation of a chattel mortgage and series of notes given in payment therefor.

The complainant is engaged in the embroidery business. The defendant and his brother, Fred Schellhorn, are engaged in the real estate and insurance business, and they are, for the purposes of this suit, one and the same individual. By that I mean that while the legal title to the machinery in*565volved in. this case was in the defendant, his brother, Fred, as his attorney in fact, carried on all of the negotiations, the defendant, I…