NEW ENGLAND ROAD MACHINERY CO. v. VANDERHOOF

No. 2124.

19 F.2d 331 (1927)

NEW ENGLAND ROAD MACHINERY CO. v. VANDERHOOF.

Circuit Court of Appeals, First Circuit.

May 17, 1927.


Attorney(s) appearing for the Case

Richard W. Hale, of Boston, Mass. (Joseph N. Welch, David Burstein, and Hale & Dorr, all of Boston, Mass., on the brief), for appellant.

Charles C. McCarthy, of Boston, Mass. (Brown, Field & McCarthy, of Boston, Mass., on the brief), for appellee.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.


ANDERSON, Circuit Judge.

The appellant filed a reclamation petition against the trustee in bankruptcy of the Boston Trap Rock Company, to recover a stone crusher sold the bankrupt on conditional sale in July, 1924. The referee denied the petition on the ground that the petitioner had by suit for the price waived its right to reclaim. The court below affirmed this decision, but permitted a rehearing for the ascertainment of additional facts concerning an argued mistake...

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