Mindess

Plaintiffs-respondents Ralph W. Mindess and wife brought this action against defendant-appellant Rob *567 ert A. Goodman for a money judgment predicated upon an agreement or option dated September 22, 1956, to repurchase from plaintiffs certain shares of stock in two corporations for a minimum sum of $5,000. It is alleged that plaintiffs exercized the option on April 29, 1957, and defendant failed and refused to repurchase the stock. The agreement is set forth as exhibit A and the notice of exercise of the option as exhibit B and they are attached to the complaint. Defendant answered, admitted the allegations of the complaint, and, as a special defense, claimed that he was adjudicated a bankrupt on October 14, 1957; that the obligation sued upon was listed as one of the debts owed by him and that he was duly discharged on March 20, 1958.

Motion was made by plaintiffs to vacate the answer and to enter a summary judgment on the grounds that there was no defense to the action; that defendant admitted the allegations of the complaint; that there is no truth to defendant’s allegations as reflected by public records of which the court may take judicial notice and that defendant’s…