Harry B. Smead Co. ex rel. Scandinavian Seed Co. v. J. Oliver Johnson, Inc.

Scandinavian Seed Company (hereafter called plaintiff) seeks the reversal of an adverse judgment in a garnishment suit tried by the court.

The question involved is whether plaintiff was a creditor within the meaning of this word as used in the Bulk Sales Law, Cahill’s St. ch. 121a, ¶ 1 et seq. and, therefore, entitled to notice of the sale by the Smead Company of its assets.

August 30, 1924, plaintiff sued the Smead Company, asking damages for an alleged breach of contract. April 30, 1925, while said suit was pending, the Smead Company sold all its assets to the defendant, which sale was…