Robert F. Stephens, Individually and Doing Business as Stephens Poultry Sales v. Archie Stinson, Florence Stephens, Individually and Doing Business as Stephens Poultry Sales v. Archie Stinson

292 F.2d 838 Robert F. STEPHENS, individually and doing business as Stephens Poultry Sales, Appellant, v. Archie STINSON, Appellee. Florence STEPHENS, individually and doing business as Stephens Poultry Sales, Appellant, v. Archie STINSON, Appellee. Nos. 17125, 17126. United States Court of Appeals Ninth Circuit. July 18, 1961. Shapro, Anixter & Aronson, by Arther P. Shapro, Burlingame, Cal., for appellant. Byers & Jacobs, Gilroy, Cal., for appellee. Before CHAMBERS, MERRILL and KOELSCH, Circuit Judges. PER CURIAM. 1 The order confirming the referee's certificate and report is reversed. Merritt v. Peters, 9 Cir., 28 F.2d 679 , we deem to be still the law of the circuit. Of course, it is usually a question of fact whether clients implicitly relied on advice of counsel. Further, reliance must be reasonable. For example, if counsel advises a bankrupt that it would be all right to not list fifteen thousand dollars and keep it under the mattress, it would not be a reasonable reliance. And, clearly, here the burden of proof shifted to the bankrupts. The referee's certificate, portions of which we take as findings of fact, does find certain statements made in the original…