Mojave Uranium Co. v. Mesa Petroleum Co.

I dissent. This case can be determined upon a basis not related to the rules of a bankruptcy proceeding, to wit, upon a third party creditor beneficiary contract. It was decided in the court below upon a motion for summary judgment, and in order for the ruling to stand, the defendant had to be entitled to judgment as a matter, of law. In my opinion the law is against the defendant on the issue raised, to wit, whether bankruptcy discharged a debt of another corporation.

On September 10, 1965, Standard Gil-sonite Company entered into a written agreement with the defendant, Mesa Petroleum…