In the Matter of the Yeager Company, Bankrupt. Charles H. Mendel and Jack Marshall v. Clair E. Whitmer, Trustee

WEICK, Circuit Judge.

This case is before us on appeal from an order of the District Court affirming an order and decree of the Referee in Bankruptcy who denied a petition for reclamation filed in a bankruptcy proceeding. Appellants, Mendel and Marshall, by written instrument, leased space in a department store operated by the bankrupt, The Yeager Company, in Akron, Ohio and sold toys, hardware and other items. All sales made by Mendel and Marshall were made as if they were merely a department in Yeager’s store and were for cash except such as Yeager accepted for credit. All monies derived…