# Wingate v. Bercut

> Court of Appeals for the Ninth Circuit · December 29, 1944 · 146 F.2d 725

URL: https://www.frixlaw.com/law-library/cases/9651499

## Case

- **Full name:** WINGATE v. BERCUT Et Al.
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** December 29, 1944
- **Citations:** 146 F.2d 725; 1944 U.S. App. LEXIS 2353
- **Precedential status:** Published
- **Opinion:** Dissent by Wilbur
- **Judges:** Wilbur, Garrecht, Stephens
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9651499

## Opinion text

WILBUR, Circuit Judge
(dissenting).
I dissent. In my opinion the evidence shows that the consideration paid by Bercut to the Pacific Empire Holdings, Incorporated, was neither fair nor adequate, and that the trial court’s conclusion on the facts was clearly erroneous. As my associates are of the opposite opinion no good reason exists for an elaborate analysis of the evidence such as would be required in a majority opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9651499. Public record. Not legal advice.