(Download) "Estate of Albert Milton Davison v. Schock" by Second Appellate District, Division Two District Court Of Appeal Of California " Book PDF Kindle ePub Free
eBook details
- Title: Estate of Albert Milton Davison v. Schock
- Author : Second Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 28, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
A partnership, called Lesser and Son, and its members, plaintiffs, entered into a partnership with the Seymours, defendants, for the purchase, operation and sale of certain real and personal property. Difficulties having arisen, plaintiffs commenced an action to dissolve and terminate the partnership, praying for an accounting and that a receiver be appointed to preserve the partnership assets. Audi Bryant was appointed receiver with full powers as such to manage, operate and control all of the partnership assets and business, the court stating that it reserved jurisdiction to instruct the receiver and increase his powers. The receiver took possession of the property and proceeded to operate the business. Thereafter, in December, 1947, plaintiffs moved for an order directing the receiver to sell the property in the manner prescribed by law for execution sales on the ground that the expense of operating the property was great and insufficient funds were available therefor; that great loss and depreciation would result if the property were not sold. The court made its order on December 15, 1947, directing the receiver to sell the real property of the partnership and personal property situated on or used in connection with it. It was provided therein that if, prior to June 2, 1948, the receiver or any of the parties "procure" an offer for the property or any part thereof, the receiver is to file with the court a petition for confirmation; that if the parties receive an offer, they shall notify the receiver, and if it be the highest offer thus far received by the receiver, confirmation shall be asked by the receiver; that upon the hearing of any petition for confirmation, any party (to the action) may be a purchaser thereat and at such hearing any person may raise the offer under consideration; all sales are subject to confirmation by the court; offers must be accompanied by a 5 per cent deposit. Then it recites: "In the event that the. .. property or any part or portion thereof shall not be sold in the manner as above set forth prior to the 2nd day of June, 1948, the Receiver. .. is now hereby ordered to sell said receivership property or the unsold portion thereof in the manner and upon the notice prescribed by law for the sale of such property under execution. Such sale shall not be final until confirmed by this court upon a petition for confirmation by the Receiver herein."
 "Estate of Albert Milton Davison v. Schock" by Second Appellate District, Division Two District Court Of Appeal Of California " Book PDF Kindle ePub Free){kind=link}