Legal Opinion

In re Lane Lumber Co.

Court of Appeals for the Ninth Circuit

Decided September 8, 1913No. 2,243PublishedCited by 5 opinions

Petition for Revision of Proceedings of the District Court of the United States for the Northern Division of the District of Idaho, in Bankruptcy; Prank S. Dietrich, Judge. In tlie matter of the bankruptcy proceedings of the Lane Lumber •Company, Limited. Petition by Duval Jackson to be relieved from a bid for the purchase of certain of the bankrupt’s property.

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Petition for Revision of Proceedings of the District Court of the United States for the Northern Division of the District of Idaho, in Bankruptcy; Prank S. Dietrich, Judge. In tlie matter of the bankruptcy proceedings of the Lane Lumber •Company, Limited. Petition by Duval Jackson to be relieved from a bid for the purchase of certain of the bankrupt’s property. Samuel L. Boyd, as trustee in bankruptcy of tbe Lane Lumber Company, Limited, a corporation, bankrupt, was duly authorized by the United States District Court, in and for the District of Idaho, Northern Division, to sell at private…

1Opinion of the CourtHunt, Circuit Judge

(after stating the facts as above). Correct solution of this case is dependent upon the construction of the writings referred to- in the statement. We must look for the real intent of the parties, as evidenced by the language they have used, and in that way arrive at a proper legal effect.

The contention of the petitioner is that he had a right to withdraw his offers or bids at any time before the acceptance thereof by the trustee because they were merely offers to contract in the future. But we must hold otherwise.

Jackson accompanied his proposal with the money transmitted to the trustee as…

2Cases cited2 opinions

  1. Mason v. WolkowichCourt of Appeals for the First Circuit · 1906
  2. In re J. Jungmann, Inc.Court of Appeals for the Second Circuit · 1911

3Cited by5 opinions

  1. Gordon v. WoodsCourt of Appeals for the First Circuit · 1951
  2. In Re Susquehanna Chemical CorporationDistrict Court, W.D. Pennsylvania · 1950
  3. McLaughlin v. PresleySupreme Court of New Jersey · 1978
  4. Kraft v. OtmanCourt of Appeals for the Seventh Circuit · 1917
  5. In re RockhillDistrict Court, D. New Jersey · 1947

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