McCance v. D. A. Schulte, Inc.

L. HAND, Circuit Judge.

This is an appeal from an order in bankruptcy, expunging a claim against the debtor in reorganization. The facts, so far as we can gather them from a most inadequate record, are the same as in'Guinzburg et al., v. D. A. Schulte, Inc. (C.C.A.) 91 F.(2d) 733, handed down herewith, except that the land was in Pittsburgh. That makes no difference as to the recovery based upon a constructive trust, because, although we are not told whether the lease reserved any right of reentry to the lessor, the Pennsylvania law gives such a right upon default in the payment of rent after…