Henderson v. Binkley Coal Co.

EVANS, Circuit Judge.

This appeal, which is from a decree dismissing appellant’s bill to set aside, for alleged fraud, a contract executed by appellee and the bankrupt, Francisco Coal, Inc., presents two basic and determinative questions, viz.: (a) The right of the trustee of the bankrupt to maintain! a suit to set aside a contract' and recover damages by reason of the alleged fraud of the appellee; and (b) the sufficiency of the allegations of the complaint to state a good cause of action against appellee, assuming the trustee’s right to maintain the suit.

The complaint is too long to be set…