Lange v. Farmers Federation Cooperative, Inc.

CRAVEN, Chief Judge.

Herschel Lange, by this appeal from the Referee in Bankruptcy, seeks to recover all or some part of $3,000.00 which he paid to Farmers Federation Cooperative, Inc. (hereinafter called Federation) as a deposit on the purchase price of certain realty sold to Lange by the Federation. The Trustee in Bankruptcy rejected Lange’s proof of claim, and was sustained in doing so by decision of the Referee.

The facts, as found by the Referee, appear to be as follows:

On September 27, 1961, prior to its bankruptcy, Federation caused to be held an auction sale to dispose of certain of its…