In Re Carl L. Pedrazzini and Camille Pedrazzini, Bankrupt. Jack C. Runnion v. Carl L. Pedrazzini and Camille Pedrazzini

Runnion appeals the district court’s af-firmance of the bankruptcy court’s discharge of the bankrupt Pedrazzini’s debt to Runnion. Jurisdiction is based on 28 U.S.C. § 1291 . We affirm.

Carl Pedrazzini, a swimming pool contractor, contracted with Runnion to build a swimming pool on Runnion’s property. The contract provided for progress payments to be made as the work was completed.

On May 23, 1974, Pedrazzini’s superintendent called Runnion demanding that the final progress payment be made as a condition to further work. Runnion sent his check for the progress payment. A few days later, Runnion learned from one of Pedrazzini’s subcontractors that Pedrazzini was having trouble paying his bills. Runn-ion called the superintendent, who assured him that there was no problem.

Pedrazzini declared bankruptcy shortly afterwards. Two subcontractors filed mechanic’s liens against Runnion’s property. Runnion settled those claims and paid to have the pool completed, at a cost approximating the amount of the last progress payment.

In the bankruptcy court, Runnion unsuccessfully sought ■ to bar the discharge of Pedrazzini’s contractual obligations. Runn-ion relied on Bankruptcy Act section…