In re Nippon Yusen Kaisya

Before the court is a petition for review of the order of the Referee in Bank-ruptcy denying petitioners’ request that the Referee set aside an order confirming sale. The certificate of the Referee shows that the interested parties have stipulated as to the facts. Upon the stipulated facts the Referee has concluded that the petitioners should be entitled to have the sale set aside upon the equitable grounds of a mutual mistake of fact by the seller and purchaser at the sale, but that the sale, once having been confirmed, the Referee is without power to order it to be set aside, under the authority of In re Faerstein, 9 Cir., 58 F.2d 942 . Assuming but not deciding that the holding of that case prohibits a referee in bankruptcy in the Ninth Circuit from setting aside a sale after confirmation, even though entered into by the purchaser and seller because of a mutual mistake of fact, it is not a limitation upon the power of this court to make such an order. Section 2, sub. a (10) of the Bankruptcy Act, 11 U.S.C.A. § 11 , sub. a(10), gives this court the power to “consider records, findings, and orders certified to the judges by referees, and confirm, modify, or reverse such findings…