Turner

The bankrupt, operating under the name of the Fullerton Implement Company, operated a store in Fullerton, Cal., for the sale of agricultural implements. It purchased about 90 per cent, of its stock from the John Deere Plow Company of Moline, the appellant in this case. After the Bastanehury Corporation, Limited, had been adjudged a bankrupt, the appellant applied to the referee for a turnover order for the agricultural 'implements and parts which were in the custody of the bankrupt at the time of filing the petition, on the ground that the property was held by the bankrupt under conditional sales contract and the title to such property was in the appellant.

It may be stated that the Bastanehury Corporation, Limited, was a company of large capital and wide operations, and that the store operated by it under the name of Fullerton Implement Company constituted a very small part of its business. The referee denied the application and his order was confirmed by the District Court. The referee found that all the goods in question which were specified in detail in the petition for the turnover order had been purchased under a conditional sales contract, and that as between the bankrupt…