In re Detroit Macaroni Co.

PICARD, District Judge.

Petitioner appeals from a decision of the Referee granting to bankrupt’s mortgagee the right to pay the balance due on a macaroni machine sold to bankrupt on a title retaining contract, thereby making it possible for said mortgagee to obtain title to the macaroni machine over the objection of the original vendor, who claimed the right to a return of his property.

Findings of Fact

The facts are these:

Detroit Macaroni Company purchased a macaroni machine from petitioner in June, 1939, for $3,950, and when it went into bankruptcy June 13, 1941, there was a balance due vendor…