In re Herholdt Poultry, Inc.

LAYTON, District Judge.

In July, 1956, the bankrupt rented a poultry processing plant completely equipped from Eagle Poultry Company, Inc. A part of the lease stated that “3. Tenant is hereby given the right to make improvements to the plant * * *.” In accordance with the language just quoted, bankrupt in August of the same year arranged for the purchase of two pieces of equipment called “gizzard splitters” from Southern Equipment Company, the petitioner. This purchase was subject to two conditions, (1) that the equipment meet the approval of the tenant (bankrupt) and (2) that it conform to…