Wagstaff v. Peters

'The opinion of the court was delivered by

Harman, C.:

This is an action by a trustee in bankruptcy to recover money allegedly due the bankrupt estate under a sales agreement. A principal issue is whether this agreement constitutes an executory contract.

Combined with this action in the court below was a claim by the trustee to recover an alleged voidable preference paid by the bankrupts to appellee Richard J. Peters. The trial court rendered judgment for the trustee upon this cause of action, permitting him to recover the preference. No appeal was taken from that portion of the trial court’s…