Schramm & Schmieg Co. v. Shope

On and prior to January 1, 1924, the plaintiff was the creditor of J. F. Shope, who was then engaged in the mercantile business at Sheridan, Iowa. On that date Shope sold his stock of goods in bulk to the defendant, Ward Shope, without complying with the formalities of the Bullí Sales Act. The plaintiff, as a creditor, was therefore entitled to treat the sale as void, and to proceed accordingly, unless he had in some manner estopped himself by waiver or acquiescence. The facts relied on by the defendant are that, though the plaintiff had received no advance notice of the proposed sale, it did…