Merrit v. . Kitchen

Barrett bought the interest of his former partner, A. J. Mitchell, in the stock of goods and credits of the firm, took possession and executed a deed of trust to W. W. Kitchin to (149) secure the deferred payments of the purchase price. The deed provided that if default should be made in the payment of the installments the trustee was to take possession, sell the goods and apply the proceeds as required by the deed. Default having been made, the trustee sold the property — that which was left over after the sales made by Barrett while he was in possession. Among the articles sold by the…