White

Smith v. White

Good Law
166 F.2d 269·3 A.L.R. 2d 538·1948 U.S. App. LEXIS 3190
United States Court of Appeals for the Ninth CircuitFebruary 16, 1948No. 11712California2,669 words

Opinion

Lead Opinion

Bone, J.

This is an appeal from an order of the district court dismissing appellant’s petition for relief under Section 75 of the Bankruptcy Act, 11 U.S.C.A. § 203 , upon the ground that appellant is not a “farmer” within the comtemplation of the Act.

Prior to World War II appellant had been a farmer and farm owner for a number of years. During the year 1942 appellant entered the contracting business and began to take government contracts or *270 subcontracts for the clearing and grading of certain air bases being constructed in the State of Arizona. For two to three years thereafter appellant engaged in contracting operations and for several years maintained an office in the City of Phoenix. For the year 1944 appellant leased a portion of his farm and did no farming whatever. Although appellant testified that he lived on the farm and spent a portion of his time acting in a supervisory capacity or doing some work about the farm throughout the period he was in the contracting business, it is apparent that substantially more of appellant’s time and energy during this period were devoted to his contracting venture than to his farming activities. (It may parenthetically be noted that…

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