IN RE ATLAS CABINET WORKS


8 F.Supp. 609 (1931)

In re ATLAS CABINET WORKS, Inc.

District Court, S. D. New York.

August 17, 1931.


Attorney(s) appearing for the Case

Krause & Hirsch, of New York City, for trustee Irving Trust Co.

Herman G. Robbins, of Brooklyn, N. Y., for respondents Benjamin and Freidus.

Samuel I. Ferguson and Morris Krimsky, both of New York City, for respondent Dell Aria.


PATTERSON, District Judge.

Freidus purchased goods at an auction of the assets of a bankrupt estate for the sum of $1,819.23. He paid $520 as a deposit but defaulted on the balance. One of the terms of sale, customary at all such sales and printed on the catalogs, was that on nonpayment the goods "may be resold at any time thereafter without further notice at the loss, risk and expense and for the account of the purchaser." This term was also read aloud at the sale...

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