In re Atlas Cabinet Works, Inc.

PATTERSON, District Judge.

Freidus purchased goods at an auction of the assets of a bankrupt estate for the sum of $1,819.23. He paid $520 as a deposit but defaulted on the balance. One of the terms of sale, customary at all such sales and printed on the catalogs, was that on nonpayment the goods “may be resold at any time thereafter without further notice at the loss, risk and expense and for the account of the purchaser.” This term was also read aloud at the sale prior to the bidding. Ten days later the goods not taken and paid for by Freidus were resold at auction, bringing only $363. Tile…