New England Road Machinery Co. v. Vanderhoof

ANDERSON, Circuit Judge.

The appellant filed a reclamation petition against the trustee in bankruptcy of the Boston Trap Rock Company, to recover a stone crusher sold the bankrupt on conditional sale in July, 1924. The referee denied the petition on the ground that the petitioner had by suit for the price waived its right to reclaim. The court below affirmed this decision, but permitted a rehearing for the ascertainment of additional facts concerning an argued mistake. On rehearing, the referee adhered to his former conclusion, which was affirmed by the learned District Judge. The gist of the…