Freehill v. Greenfeld

L. HAND, Circuit judge.

This is an appeal from an order in bankruptcy directing F-reehill, the trustee in reorganization of the debtor, Toy Pop Corporation, under Chapter X of the Bankruptcy Act, 11 U.S.C.A. §' 501 et seq., to return to the defendant, Greenfeld, a deposit of $2500 which Greenfeld paid upon the execution of a contract between him and Freehill for the sale of the debtor’s assets. The judge held that Greenfeld was released from the contract because, although it was made “subject to the approval of the court,” “the trustee deemed it necessary that such sale be consummated by way…