Farrell v. Mentzer

Without determining that they have been proven by clear, cogent and convincing proof, we may’ assume that the facts in this case are as alleged in the respondent’s complaint and contended for in his brief. The assets of a lumber company, of which the respondent was one of the stockholders, were in the hands of a trustee in bankruptcy, and the respondent, being desirous of purchasing these assets at the trustee’s sale, had made a deposit to guarantee his bidding at that sale, and, a few days before the sale was to take place, interested the appellants, who were the owners of a considerable…