Page:Federal Reporter, 1st Series, Volume 1.djvu/297

 OBEEN V. BETTS. 28d �to take back the goods. It is apparent, that when this offer to retum the goods -was made, the petitioners knew that the bankrupt had misrepresented his financial condition in order to obtain them. The fact of his offering to return the goods, in connection with his calling a meeting of his creditors and acknowledging his insolvency, was enoiigh to advise the peti- tioners that the representations he had made to them were false. It was their duty, therefore, to accept the offer when made, and they failed to do so at their peril. If they failed to accept them for any reason except ignorance of the facts it was an affirmance of the sale, and, a fortiori, it was an affirmance if they refused in order to continue negotiations for securing a preference. �The judgment of the district court, denying the prayer of the petition, is affirmed. ���Geeen V. Betts and another. �(fiireuit Court, E. D. Missouri. March 24, 1880.) �Vbndor's Lien — Assignmbnt — Failukb of Consideration — Specifio Peufoiîmakcb. — A partial failure of consideration does not render the assignment of a vendor's lien void, and the assigner cannot subsequently seek to enforce the lien by a suit for specifie performance before such assignment has been duly avoided. �Suit to enforce vendor's lien upon specifie real estate. �Wagner, Dyer e Emmons, for complainant. �W. B. Homer, for defendant. �McCeaey, J. This is a bill in chancery, brought to enforce a vendor's lien upon certain real estate described in the peti- tion. The foUowing are the material facts : On the twelfth day of September, 1873, the plaintiff and defendant Betts entered into a written agreement for an exchange of real estate, by the terms of which plaintiff agreed- to convey to said defendant his farm in CarroU county, Missouri, on which he then resided; and the defendant Betts, on his part, agreed �v.l,no.5 — 19 ��� �