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· 4/12/1904

In re Simpson Mfg. Co.

Citations

  • 130 F. 307
  • 64 C.C.A. 553
  • 1904 U.S. App. LEXIS 4159

Syllabus

<p>1. Sale — Recovery of Property prom Receiver — Conditional Delivery.</p> <p>Evidence considered, and held not to entitle the seller of a machine to a corporation, which later became bankrupt without having settled therefor, to recover the machine from the receiver in bankruptcy on the ground that the sale was conditional, and the machine was not accepted by the bankrupt, but to show that it was delivered under a verbal contract for its unconditional sale, and that objections thereto by the president of the bankrupt were made for the sole purpose of obtaining delay in settlement, the company being at the time in financial difficulty.</p>

Judges: Jenkins

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