Winchester Packing Co. v. Moyer

The opinion of the court was delivered by

West, J.:

The defendant, Moyer, sold a stock of goods and fixtures to G. W. Phillips, no attention being paid to the bulk-sales act. There were two mortgages on the fixtures in force when the sale was made, covering a balance due on the purchase price thereof. Moyer owed about $4,500 which was un*312secured. When Phillips made the purchase he executed to the Central State Bank a mortgage on the property for $2,000, which was recorded on August 3, 1917. This was for money borrowed by Phillips to pay Moyer. When the sale was made Moyer told Phillips he owed…