Long Cigar & Grocery Co. v. Harvey

The provisions of sections 3226 to 3229 inclusive of the Civil Code (1910), known as the “bulk-sales act,” being in derogation of the common law and of the right to alienate property without restriction, must be strictly construed. Yancey v. Lamar-Rankin Drug Co., 140 Ga. 359 (3) (78 S. E. 1078); Cooney v. Sweat, 133 Ga. 511, 512 (1) (66 S. E. 257); Bank of LaGrange v. Rutland, 27 Ga. App. 442 (2). In some jurisdictions, by the -terms of the bulk-sales statute, a sale of “any portion” of a stock of merchandise otherwise than in the ordinary course of trade is covered by the provisions of the…