ALSCHULER, Circuit Judge.
The facts as stated in Tudor v. Schindler (C. C. A.) 29 F.(2d) on pages 321 and 322, are likewise here relevant, and without restatement reference to them is made. Further facts bearing upon the instant case are:
After Fogarty had paid $4,200 upon the 10 per cent. required to be put up on his bid of $155,250, some months elapsed, when one Henry Smith appeared with an assignment of Fogarty's bid and paid the additional sum of $10,000...
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