Wuchner

Wuchner v. Goggin

Good Law
175 F.2d 261·1949 U.S. App. LEXIS 3396
United States Court of Appeals for the Ninth CircuitJune 3, 1949No. 11878California6,300 words

Opinion

Lead Opinion

Stephens, J.

Jennie Wuchner appeals from an order of the United States district court denying a petition for the review of an order of the referee in bankruptcy on an order to show cause directing her to convey certain real property to George T. Goggin, Trustee in Bankruptcy of the Estate of Charles E. Hill.

Jennie Wuchner and Charles E. Hill entered into a contract of purchase and sale by the terms of which Hill agreed to purchase from Wuchner certain business real property for the sum of $5500.00. The sum of $349.38 was paid, upon the execution of the contract (June 5, 1945) and the balance of the purchase price was payable in monthly installments of $200.00 each beginning July 1, 1945. Time was of the essence and the whole purchase price was payable at Wuchner’s option upon failure of Hill to perform any contract term or the contract could be cancelled and forfeited at Wuchner’s election. Upon or after payment by Hill of the total of $1500.00 on the contract, he was entitled to receive from Mrs. Wuchner a deed and a policy of title insurance showing the property to be free of encumbrances except certain current taxes and sums remaining unpaid on the contract purchase price and interest,…

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