Burroughs Corporation v. Richard H. Barry, as Trustee in Bankruptcy of Dalco American Enterprises, Inc., Bankrupt

HEANEY, Circuit Judge.

This is an appeal by the Burroughs Corporation seeking to reverse a decision of the Referee in Bankruptcy (affirmed by the United States District Court) holding that a Burroughs Typing Sensimatic Business Machine in possession of Dalco American Enterprises, Inc., was the property of the Trustee, free and clear of any claims by Burroughs.

On February 13, 1963, Dalco negotiated and signed an agreement with Burroughs for the purchase of the Sensi-matic for the sum of $8,985.30, payable in cash thirty days from the date of invoice. It was Dalco’s intention to finance the…