Kipperman
Kipperman v. Dixson (In re Diego's Inc.)
Opinion
Lead Opinion
Thompson, J.
The bankruptcy court granted summary judgment in favor of Richard M. Kipperman, as Trustee of Diego’s, Inc., in the Trustee’s action for breach of contract against Tom E. Dixson, individually and as Trustee of the Tom E. Dixson Trust UTD October 16, 1986 (Dixson). The Trustee sued Dixson for reneging on an oral contract to buy a restaurant. The contract included the restaurant’s real and personal property and its liquor license. The bankruptcy court rejected Dix-son’s defenses that the statute of frauds precluded enforcement of the contract, that the contract was illegal, and that it was dependent upon a condition precedent which failed.
Dixson appealed to the district court. That court affirmed and this appeal followed. We have jurisdiction under 28 U.S.C. § 158 (d), and we affirm.
I
Diego’s Inc., owner-operator of Diego’s restaurant in Pacific Beach, California (Diego’s), filed a voluntary Chapter 11 petition in 1991. In January 1992, the Debtor brought a motion before the bankruptcy court to sell Diego’s. The sale included real estate as well as the restaurant’s personal property.
On March 30 and April 7, 1992, the bankruptcy court held hearings on the motion to sell…