Escalle v. Mark
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; George A. Bartlett, Judge. Action by Peter Escalle against Frank Mark, also known as Frank Marks. From a judgment for plaintiff and an order denying a new trial, defendant appeals. The agreement violates the bulk-sales law (Rev. Laws, 3908, 3909, 3911), is in direct violation of its provisions, and unenforceable either in law or equity.
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Appeal from Second Judicial District Court, Washoe County; George A. Bartlett, Judge. Action by Peter Escalle against Frank Mark, also known as Frank Marks. From a judgment for plaintiff and an order denying a new trial, defendant appeals. The agreement violates the bulk-sales law (Rev. Laws, 3908, 3909, 3911), is in direct violation of its provisions, and unenforceable either in law or equity. The statute has been strictly enforced, and an agreement under it based upon the sale of a stock of goods in a partnership arrangement has been held invalid and void. Marlow v. Ringer, 91 S. E. 386;…
1Opinion of the Court
By the Court,
Coleman, C. J.:
This action was instituted by plaintiff, who is respondent here, to recover from the defendant (appellant) the balance of the purchase price of a one-half interest in and to a hotel and saloon business conducted by the plaintiff in Reno, and a like interest in the stock, fixtures, furnishings, furniture, and appurtenances thereof. Judgment was rendered in favor of the plaintiff, and from an order denying defendant’s motion for a new trial, and the judgment, an appeal has been taken.
1-3. The only point urged upon our consideration as a reason why the judgment and…
2Cases cited27 opinions
- United States v. KirbySupreme Court of the United States · 1869
- Lessee of Brewer v. BlougherSupreme Court of the United States · 1840
- Reiche v. Smythe, CollectorSupreme Court of the United States · 1872
- Silver v. LaddSupreme Court of the United States · 1869
- John P. Squire & Co. v. TellierMassachusetts Supreme Judicial Court · 1904
22 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- John E. Rosasco Creameries, Inc. v. CohenNew York Court of Appeals · 1937
- Petersen v. BruenNevada Supreme Court · 1990
- In Re Verco IndustriesCourt of Appeals for the Ninth Circuit · 1983
- Sajor v. Ampol, Inc.New York Court of Appeals · 1937
- Brinson v. Monroe Automobile & Supply Co.Supreme Court of Louisiana · 1934
27 more not listed; retrieve them via the Exa API.