Mansur

Mansur v. Edler

Good Law
84 F.2d 342·1936 U.S. App. LEXIS 4466
United States Court of Appeals for the Ninth CircuitJune 8, 1936No. 8071California3,247 words

Opinion

Lead Opinion

Garrecht, J.

This is an appeal from an order of the District Court affirming an order of the referee in bankruptcy disallowing a claim made to the trustee by appellant here. Appellant takes her interest by assignment from her husband, R. S. Mansur.-

In 1919, one R. S. Mansur and two others were the owners of all of the capital stock of the Mansur Drug Company of St. Paul, Minn. On July 21 of that year an agreement was entered into between said owners and the Owl Drug Company, whereby the former were to transfer to the latter all of the capital stock of the Mansur Drug Company and to deliver to the Owl Drug Company the written consent of the lessors of the premises, upon which the Mansur Drug Company was located, to the assignment by the Mansur Drug Company of its lease to the Owl Drug Company.

The consideration for this agreement was the payment of $100,000 in cash, variously divided among the three stockholders of the Mansur Drug Company, and the payment of $4,500 annually in monthly installments for the-balance of the term of the lease assigned, namely, from the 1st day of August, 1919, to the 30th day of June, 1936.

The agreement above outlined contained the following provision:

“It is…

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