Legal Opinion

In re Miley

District Court, N.D. West Virginia

Decided April 25, 1911Published

In the matter of the bankruptcy proceedings of John R. Miley. On petition to revise an order of the referee directing a sale of certain real estate by the trustee against the objections of the vendor.

1Opinion of the Court

DAYTON, District Judge.

I have very carefully considered the matters involved in this controversy which have been exhaustively and ably argued by counsel. The referee has filed an elaborate opinion in support of the ruling made by him, in which the facts are set forth. As I purpose to file- this opinion as part hereof, I will not restate the facts. I am convinced that I must sustain the conclusions arrived at by the referee, for these reasons:

[1, 2] First. The contract, having been written by Carr, must be construed the stronger against him. If he was dealing with Miley as agent of Gebhart, it…

2Cases cited39 opinions

  1. Grimes v. SandersSupreme Court of the United States · 1876
  2. Boyce's Executors v. GrundySupreme Court of the United States · 1830
  3. Maxwell Land-Grant CaseSupreme Court of the United States · 1887
  4. Southern Development Co. v. SilvaSupreme Court of the United States · 1888
  5. Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909

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