Covey v. American Distilling Co.

SPARKS, Circuit Judge.

Ira J. Covey, Jr., Trustee in Bankruptcy of Sam Zinn, filed this action for equitable relief to recover from the American Distilling Company $3,500 which Zinn had paid to appellee upon a contract entered into on the 27th day of November, 1936, by Zinn and appellee. The basis for the relief sought was that the contract was void and illegal. The District Court after a hearing decreed that the contract was neither illegal nor void and dismissed the complaint for want of equity. From this decree the plaintiff has appealed.

The facts, practically undisputed, are substantially…