Wells v. Twenty-First Street Realty Co.

(after stating the facts as above). The Supreme Court held in Chicago Auditorium Assn. v. Central Trust Co., Trustee, 240 U. S. 581, 36 S. Ct. 412, 60 L. Ed. 811, L. R. A. 1917B, 580, that a claim for damages for breach of an executory contract for baggage and .livery privileges is provable in bankruptcy under the provisions of section 63a4 of the Bankruptcy Act; that damages may be liquidated under section 63b of that act; and that bankruptcy is the equivalent of disablement and repudiation. It is contended upon the part of the appellant that a different rule applies to a contract relating…