In the Matter of National Tile & Terrazzo Co., Inc., Bankrupt. Edward M. Walsh, Trustee v. Josephine Paterna
In the Matter of NATIONAL TILE & TERRAZZO CO., INC., Bankrupt. Edward M. WALSH, Trustee, Respondent, v. Josephine PATERNA, Appellant
- Area
- other
- Panel
- Herbert Y. Choy (author), Alfred T. Goodwin, Real
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Concurrence — Real
*333REAL, District Judge (concurring):
I concur. I only add that in Goodman v. Global Industries, 80 Cal.App.2d 583, 182 P.2d 300 and In re Mathews Construction Co., 120 F.Supp. 818 (S.D.Cal.1954), those courts were dealing with what they termed executory contracts.
California Civil Code § 1661 defines an executed contract as “one, the object of which is fully performed.” Here, the object of the contract — i. e., transfer of Appellant’s interest in the corporation — was fully performed. All that remained was the payment of money. This is the classic executed contract. Smith v. Allen, 68 Cal.2d 93, 65 Cal.Rptr. 153, 436 P.2d 65 (1968).
Cites, in this corpus
- Smith v. Allen L. A. No. 29526 · 1968-01-23
- In Re Mathews Const. Co. · 1954-04-27
- Goodman v. Global Industries Civ. 13287 · 1947-06-27