Jubas v. Sampsell

_ATC _. . , STEPHENS, Circuit Judge, ’ J

The court’s Findings of Fact are to the following purport and are unquestioned:

A copartnership composed of Gene L J ‘ f FaíTan. and Leo G- 01son was conducting a retail shoe business under the fictitious name of Fashion Bootery. The copartnership was adjudged a bankrupt and plaintiff-appellee thereafter became Trustee jn Bankruptcy. While yet solvent, the COpartnership sold 1240 pairs of shoes « . , , , £ which were of broken sizes and out of , ^ _ stylc: Tbey had “st betwcen $5'25 and $^*25 per pair and defendant-appellant purchased them for their then…