Mellen v. Berg

The defendant is the assignee under an assignment for the benefit of creditors, dated August 29, 1940, whereby a corporation named 'Massachusetts Frame Corp. conveyed to him all its assets, including machinery for making furniture frames which was subject to mortgages for $1,700. The plaintiffs Mellen and Card, who are brothers-in-law and were formerly interested in that corporation, seek specific performance of an oral agreement of the defendant, made in September, 1940, to sell them the machinery, subject to the mortgages, for $450, which sum the defendant had received before this bill was…