Dudley v. Dickie

281 F.2d 360 Frank A. DUDLEY, as Trustee of the Estate of Merle K. Branch and Wanda B. Branch, Copartners d/b/a Riddle General Stores, Bankrupts, Appellant, v. Clifford E. DICKIE and Marion E. Dickie, Appellees. No. 16504. United States Court of Appeals Ninth Circuit. July 13, 1960. Boyrie & Miller, F. Brock Miller, Wayne Annala, Portland, Or., for appellant. Moe M. Tonkon, Leo Levenson, Portland, Or., for appellees. Before BONE, BARNES and MAMLIN, Circuit Judges. BONE, Circuit Judge. 1 This is an appeal from a judgment of the District Court for the District of Oregon denying appellant recovery of an alleged preference within the scope of 60, sub. a of the Bankruptcy Act, as amended, 11 U.S.C.A. 96, sub. a. 2 In April, 1955, Merle and Wanda Branch, the bankrupts-to-be, purchased from appellees under a contract of conditional sale the business of the Riddle General Store, including fixtures and inventory. Pertinent provisions of the conditional sales contract are as follows: 3 'Purchasers agree that they will pay for said property the sum of Thirty Thousand Dollars ($30,000.00), lawful money of the United States, payable as follows: $8,000.00 heretofore paid directly to the…