J. A. Mollerup v. Storage Systems

The factual sequence giving rise to this controversy is as follows: Defendants Robert T. and Ernestina M. Martin hereinafter referred to as "Martins," purchased real estate assigning their interest therein to plaintiff, J. A. Mollerup, hereinafter referred to as "Mollerup," as security for a loan. Martins defaulted on the contract and summary judgment of foreclosure was granted in favor of Mollerup who in turn assigned his interest to appellant, D. Richard Moench, hereinafter referred to as "Moench," who was the successful bidder at the sheriffs sale. Thereafter, Martins filed a petition in bankruptcy and respondent, John C. Green, hereinafter referred to as "Green," was appointed trustee.