Sinkin v. Butler Bros.

SMITH, Justice.

The Laredo store and stock of merchandise of J. C. Benavides & Bro., a partnership, was “badly damaged” by fire on December 6, 1931. The fire resulted in the permanent closing of the store, and the merchandise “remaining in said store which had not been destroyed was cleaned and inventoried by the Underwriters Salvage Company.” The salvaged merchandise was not thereafter exposed for sale at retail by the owners. But, in April, 1932, the owners sold and transferred it in bulk to N. Sinkin, appellant herein, for cash. Subsequently Sinkin removed the salvaged merchandise to…