IN RE HALFERTY

No. 8245.

136 F.2d 640 (1943)

In re HALFERTY et al. BRADEN v. BUCYRUS-ERIE CO.

Circuit Court of Appeals, Seventh Circuit.

June 26, 1943.


Attorney(s) appearing for the Case

L. H. Jonas and Ralph E. Suddes, both of Centralia, Ill., for appellant.

Roger S. Hoar, of South Milwaukee, Wis., for appellee.

Before SPARKS, KERNER, and MINTON, Circuit Judges.


SPARKS, Circuit Judge.

The question presented is whether the written instrument in issue is a conditional sales contract, or a chattel mortgage given as security for the payment of all or part of the account involved.

On January 6, 1941, the debtors accepted in writing a written proposal from appellee to sell to them an oil well drilling machine called a spudder. The purchase price of the spudder was $4,500, payable $1,125 cash, and the balance in fifteen...

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