Edwards

Pacific Finance Corp. v. Edwards

Good Law
304 F.2d 224
United States Court of Appeals for the Ninth CircuitJune 15, 1962No. 17439California2,112 words

Opinion

Lead Opinion

Jertberg, J.

Following a hearing on an order to show cause issued by the Referee in Bankruptcy directed to the appellants, the Referee ordered that the conditional sale contract between the appellants and the bankrupt covering the purchase of a Cadillac automobile, was null and void as to the Trustee, and directed the Trustee to sell the automobile free and clear of the lien claims of the appellants.

The order of the Referee was affirmed by the District Court upon appellants’ petition for a review of the order.

The cause was submitted to the Referee under a stipulation of facts, the stipulation providing that the facts therein set forth “are the only ones to be considered by the Court."

The facts stated in the stipulation are, as follows:

In order to focus the legal question presented in this appeal, attention must be called to the reference in Paragraphs III and IV of the stipulation to a conditional sale contract in the amount of $42.00 (which remained unpaid at the time of bankruptcy) entered into between the wife of the bankrupt and McKale’s for the purchase of certain accessories for a 1955 Plymouth automobile.

The part of the stipulation appearing in said paragraphs pertinent to…

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