Crawford

Coast Federal Savings & Loan Ass'n of Los Angeles v. Crawford

Good Law
117 F.2d 913·1941 U.S. App. LEXIS 4369
United States Court of Appeals for the Ninth CircuitFebruary 13, 1941No. 9579California969 words

Opinion

Lead Opinion

Mathews, J.

This appeal is from an order which affirmed an order of a referee in bankruptcy *914 which, in a corporate reorganization proceeding, 1 *3disallowed the claim of appellant, Coast Federal Savings & Loan Association of Los Angeles, against the debtor, Wilton-Maxfield Management Company, 2 a corporation (hereafter called Wilton), for $2,835.44.

The question is whether, as the court below held, allowance of the claim was precluded by § 580b of the California Code of Civil Procedure, which provides: “No deficiency judgment shall lie in any event after any sale of real property for failure of the purchaser to complete his contract of sale, or under a deed of trust, or mortgage, given to secure payment of the balance of the purchase price of real property.”

On August 11, 1937, Wilton purchased of appellant certain real property in Los' Angeles, California. Instead of taking title in its own name, Wilton directed appellant to convey the property, and appellant did convey it, to Joseph Honey. Honey had, in fact, no interest in the property, but took title thereto as a “dummy” for Wilton, which, as appellant well knew, was the actual purchaser. The purchase price of the property was…

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