Rex Oil & Gas Co. v. Deane

The plaintiff, Rex Oil & Gas Company, herein referred to as Rex, has appealed from an order by the circuit court dismissing, for lack of jurisdiction, a claim against the trustee of the estate of Metzger’s, Inc., a bankrupt.

■ In -September -of-1945, an agreement was entered • into between- an agent of Rex and Metzger’s, Inc. Rex deposited $4,100 and Metzger’s deposited warranty deeds to certain property with the Commercial State Savings Bank of Greenville, Michigan, as escrow agent. The agreement provided that if, upon examination, Rex found that the titles were not merchantable, it conld…