Lucey v. Vilhauer

This action was brought by plaintiff against Christ Vilhauer and Robert W.ildennuth alleging that defendants, copartners in the retail hardware business at Tripp, S. D., authorized plaintiff to take possession of their stock of merchandise, to sell the same, and apply the proceeds to the payment of claims of creditors of the partnership; that plaintiff thereupon took possession, sold the property, and deposited the proceeds in a bank selected by the parties; that prior to the commencement of this action all the creditors of the partnership assigned their claims to the plaintiff; and that…