Doughty

Plaintiff is the trustee in bankruptcy of the Electric and Garage Company, a corporation. As such trustee he brought this suit to recover from the defendant an alleged balance of the purchase price of certain real property, improvements thereon and equipment of a garage business, agreed to be purchased by the defendant from said corporation within four months prior to its adjudication! in bankruptcy. The judgment was for the defendant, from which plaintiff appeals. It is alleged in the complaint that the defendant agreed to buy the real and personal property above referred to for the sum of $9,192.93, of which the sum of five thousand five hundred dollars had not been paid, and for which latter sum. plaintiff prayed judgment. The court found that, with the exception of the formal denials, of the corporate character and bankruptcy of the corporation, and the appointment of plaintiff as trustee, all the allegations of defendant’s answer were true, and all denials therein contained were true denials. Among these are allegations that the consideration for the agreement of purchase, referred to in plaintiff’s complaint, was not the payment of $9,192.93 in cash, as alleged by…