Larson v. Hurd

Plaintiff by written agreement leased to defendant a building, equipment and fixtures for the operation of a restaurant. The agreement also provided that defendant would buy “certain merchandise” plaintiff had “on hand”. When defendant failed to pay the rent plaintiff sued. Defendant alleged as one of her defenses that the merchandise on hand constituted the stock in trade of a mercantile establishment and that its sale “in bulk” without compliance with the bulk sales law, SDC 54.03, rendered the lease provisions of the agreement unenforceable. The trial court held that this defense and all…