Beecher

Beecher v. Leavenworth State Bank

Good Law
184 F.2d 502·1950 U.S. App. LEXIS 3624
United States Court of Appeals for the Ninth CircuitSeptember 14, 1950No. 12084BCalifornia990 words

Opinion

Lead Opinion

Denman, J.

Beecher appeals from the order of the-court affirming the order of the Concilia-' tion Commissioner entered on June 25, 1947, fixing his rent pursuant to § 75, sub. s of the Bankruptcy Act.

Appellees have not appealed from this order, and the question before us is whether it .has error prejudicial to Beecher.

Beecher assigns several errors in the following provisions of the rent order:

“From all the evidence admitted the Commissioner finds that the usual, customary rental of the property described in *503 paragraph 1(a) hereof in the community where said property is located, based upon the rental value, net income and earning capacity of the property, is 40% of the net proceeds derived from the property each year to be paid to the Commissioner as rental.”

$ * * * * *

It is ordered that S. P. Beecher, debtor herein, pay for the use, occupancy and possession of the following property: [the orchards] during the period of 3 years beginning May 12, 1946, 40% of the net proceeds realized from the sale of all fruit or other crops raised and harvested on said property during each year of said term.

“It is further ordered that 'net proceeds’ is the total sum realized from the sale…

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