Cohen v. Calhoun

Ethridge, J.,

delivered a dissenting opinion.

I cannot agree with the construction placed upon section 3353, Code of 1930', by the majority opinion. The provision of the statute, “A sale of any portion of a stock of merchandise, otherwise than in the ordinary course of trade, or in the regular and usual prosecution of the seller’s business,” etc., should receive a reasonable construction. The construction placed upon it by the majority opinion is, in my judgment, too narrow; is unreasonable, and tends to make the statute an instrument of injustice rather than one of justice.

In the court below,…