Lucas v. Gross Motor Car Co.

OPINION OF COURT.

The following is taken, verbatim, from the opinion.

CUSHING, J.

The Motor Car Company contends that the King System, by filing a voluntary petition in bankruptcy, disabled itself from performing the contract and breached it.

The King System agreed to keep the bulletins in repair and to repaint them every six months. It is not claimed that any bulletin boards were destroyed or out of repair, or that the bulletin boards were not painted as per contract. In argument, counsel failed to state that the Gross Motor Car Co. was using property (bulletin boards) of the King System, and…