v2536-1142

in matters of law and in matters of fact." (11 U. S. C. A.

Sec. 47.) I

Appellees' make the point that in the Petition for Au-

thority to Sell and Confirmation of Sale Tr. p. 7 "No

authorization was sought for the payment of a real estate

broker's commission . . ." (Reply Br. p. 8.) Appel-

lees preface this assertion with a partial summary of the

prayer, but neglect to mention that portion thereof pray-

ing that out of the proceeds of the sale petitioner be

authorized to pay:

"(c) All other expenses incident to the consum-

mation of said sale pursuant to said offer."

and the prayer for general relief:

"7. For such other and further relief as may be

proper."

Under the circumstances we think there was a sufficient

basis in the petition to support the order.

On this question of the propriety of payment of a

commission, it should be noted that Counsel for appellees

took part in the discussion of the question before the

Referee but made no formal objection to the payment of

a commission at that time. Tr. pp. 290-291.

---

archive.org Volume Name: govuscourtsca9briefs2536

Volume: http://archive.org/stream/govuscourtsca9briefs2536

Document Link: http://archive.org/stream/govuscourtsca9briefs2536#page/n1141/mode/1up

Top Keywords (auto-generated):

referee, confirmation, bid, district, property, confirmed, petition, decision, reid, haag, br, trustee, 2d, review, 1947

Top Key Phrases (auto-generated):

procter gamble, gamble manufacturing, setting aside, unsecured creditors, reply br., bankrupt estate, actual confirmation, trustee accepted, rules applicable, october 27, lower bid, king supra, highest bid, higher bid, high bid

Document Status: UGLY