Bayne v. Brewer Pottery Co.
U.S. Circuit Court for the District of Northern Ohio
In this case an order of sale of the property of the Brewer Pottery Company was issued, and the property, when first offered, was hid off by Albert Brewer, one of the defendants, for the sum of $49,000. A deposit of $5,000 was made to secure the sale.
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In this case an order of sale of the property of the Brewer Pottery Company was issued, and the property, when first offered, was hid off by Albert Brewer, one of the defendants, for the sum of $49,000. A deposit of $5,000 was made to secure the sale. The sale was confirmed, but the purchaser, Brewer, failing to complete his bid, the deposit of $5,000 was declared forfeited; and the sale was set aside, and a new sale was ordered, after Brewer had filed a written statement that he would not complete his bid. At a subsequent sale the property was bid off by Samuel B. Sneath, trustee, for…
1Opinion of the Court
BICKS, District Judge.
Very able and full briefs have been filed by counsel in this case. It was eminently proper that counsel should give the questions involved very careful consideration, both because *623they are questions not common to practice, and because of their importance to the parties concerned.
It is conceded that the orders made by the court on the report of the master’s proceedings under the first order of sale are a correct presentation of the facts in the case. The main question (o determine now is whether the purchaser was entitled to a notice that the second sale ordered was to be…
2Cases cited2 opinions
- Camden v. MayhewSupreme Court of the United States · 1889
- Stuart v. GaySupreme Court of the United States · 1888
3Cited by3 opinions
- Gordon v. SS VEDALINDistrict Court, D. Maryland · 1972
- In re Dallek Bros.District Court, S.D. New York · 1934
- In re Atlas Cabinet Works, Inc.District Court, S.D. New York · 1931