A. J. Bumb, Receiver in Bankruptcy in the Matter of Gough Industries, Inc., a California Corporation v. Petersmith Controls, Inc.

A. J. Bumb, receiver in bankruptcy in the matter of Gough Industries, Inc., a California corporation, appeals the judgment order of the district court affirming an order of a referee in bankruptcy awarding appellee, Petersmith Controls, Inc., a lien against certain funds held by the parties in a joint bank account pending resolution of this suit.

The facts unwind as follows:

Rocketdyne Division of North American Aviation Co. desired certain facilities constructed on their property. They contracted with Alex Robertson Co., a general contractor, to build the facilities. Alex Robertson Co. contracted with a joint venture known as Miller Bros.-Am-co Electric to do the electrical work. Miller Bros.-Amco Electric in turn ordered $140,000 worth of electrical equipment from Gough Industries, Inc., bankrupt here. Gough Industries made none of the equipment itself, but only passed the order along to Petersmith Controls, Inc., appellant here. Petersmith made the equipment and delivered it to the job site. The equipment consisted of highly specialized electric controls that had to be made to fit the specifications of the order. Evidently, Miller Bros.-Amco Electric had talked to Petersmith…