Prentice

A referee in bankruptcy confirmed the sale of certain real property. On petition for review the district court approved the referee’s order. The appeal herein was taken from the judgment of the district court.

The sale, at private sale or at public auction, of described real property belonging to the bankrupt Dr. W. J. Ross Co., was authorized by order of the referee in bankruptcy. Pursuant to that order the trustee in bankruptcy negotiated for $2,250 a private sale to the Baruch Corporation, which thereafter spent $125 for.a survey and for other matters in connection with the property. The trustee returned the sale to the referee and inserted in the Los Angeles Daily Journal a notice of, the sale, which was not stated to be at public auction. There is no statute requiring such notice or its publication. At the time of the hearing before him, the referee announced that he would consider only a bid at least 10% higher than the $2,250 bid mentioned in the return of sale. He asked for higher bids, and appellant, representing the Smileage Company, Ltd., made a bid of $2,325, or $75 in excess of that made by the Baruch Corporation. The referee refused to accept the appellant’s bid and…