In the Matter of Jerry Wolman and Anne Wolman, Debtors. Jerry Wolman and Anne Wolman v. Leonard H. Tose

SOBELOFF, Senior Circuit Judge:

This case involves a Chapter XI bankruptcy proceeding. Specifically, we are called upon to review the District Court’s affirmance, 334 F.Supp. 1246, of the bankruptcy Referee’s order dismissing an application by Jerry Wolman and Anne Wolman, the Debtors, seeking specific performance of an agreement between the Wolmans and Appellee Leonard Tose. Because we think the Wol-mans’ application presented factual issues not susceptible of resolution without an inquiry into the facts, we reverse and remand for further proceedings.

I

The facts of this case are a rat’s nest…