Retsloff

This is an action brought by the plaintiff, as trustee in bankruptcy, to recover ■ certain real 'property, or the vendee’s interest therein, which plaintiff claims was fraudulently transferred by the vendee to the defendants within three days before he filed a voluntary petition in bankruptcy and that the transfer is void under the Bankruptcy Act. The case depends upon a written contract for the purchase and sale of real estate. The trial court interpreted this contract adverse to the theory of appellant, and this interpretation presents the main question for review by this court.

On July 16, 1920, John A. Bryant, now adjudged a bankrupt, entered into the contract in question for the purchase from respondents of the real estate described therein. The contract is the usual printed form of “agreement for sale of real estate.” The original instrument has been .sent up on appeal and is before the court. The contract, after stating the purchase price of $2,500; the fact that $500 had been paid and the receipt acknowledged; that the balance of $2,000 was to be paid at the rate of $500 per year beginning July, 1921, together with interest at six per cent per annum, payable…