Kopel v. Davie

Opinion by

Mr. Justice Kelley.

The plaintiff in error, Kopel, was appointed trustee in bankruptcy for the. Lark Corporation subsequent to the conclusion (judgment) of litigation instituted by defendant in error, Davie, against Lark and its president, one Essert.

The purpose of the lawsuit was to rescind an oral agreement which had been partially performed, by the exchange of stock and automobiles. Davie was primarily concerned with the return of a certificate of stock of the Mt. Morrison Investment Company, which apparently was valuable, whereas the Lark stock which he had received in exchange…