Swift Co. v. . Tempelos
Supreme Court of North Carolina
Civil ACTION, tried before Allen, at January Term, 1919, of Wake. Tbe plaintiff alleged that tbe defendant, James Tempelos, wbo owned and conducted an ordinary restaurant in tbe city of Ealeigb, at No. 225 South Wilmington Street, known as tbe “Busy Bee Cafe,” was, at tbe commencement of tbis action, indebted to it, for goods sold and delivered, in tbe sum of $755.90, wbicb bas been due since 12 November, 1917, and tbat while that amount was still due to it, tbe defendant…
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Civil ACTION, tried before Allen, at January Term, 1919, of Wake. Tbe plaintiff alleged that tbe defendant, James Tempelos, wbo owned and conducted an ordinary restaurant in tbe city of Ealeigb, at No. 225 South Wilmington Street, known as tbe “Busy Bee Cafe,” was, at tbe commencement of tbis action, indebted to it, for goods sold and delivered, in tbe sum of $755.90, wbicb bas been due since 12 November, 1917, and tbat while that amount was still due to it, tbe defendant sold and conveyed to bis codefendant, J. E. Befarrah, all tbe property in said restaurant, consisting of canned goods and…
1Opinion of the Court
Walker, J.,
after stating the facts as above: The question is, Whether the goods and fixtures used in a restaurant, which is conducted on the ordinary plan, is a “stock of merchandise” within the words and meaning of the “Bulk Sales Act,” copied above? We do not think that they come within that designation. The “Bulk Sales Act” is in derogation of the common law, and must be strictly construed. Fairfield Shoe Co. v. Olds, 176 Ind., 526; Cooney v. Sweat, 133 Ga., 511, 512; Taylor v. Folds, 2 Ga. App., 453; 9 Current Law, 1511.
It is said that the word “merchandise” is usually, if not almost…
2Cases cited12 opinions
- Gallus v. ElmerMassachusetts Supreme Judicial Court · 1906
- Cooney, Eckstein & Co. v. SweatSupreme Court of Georgia · 1909
- Everett Produce Co. v. Smith Bros.Washington Supreme Court · 1905
- Toxaway Hotel Co. v. Smathers & Co.Supreme Court of the United States · 1910
- Fairfield Shoe Co. v. OldsIndiana Supreme Court · 1911
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- DiDonato v. WortmanSupreme Court of North Carolina · 1987
- Wilmington Star-News, Inc. v. New Hanover Regional Medical Center, Inc.Court of Appeals of North Carolina · 1997
- Hartley v. SmithSupreme Court of North Carolina · 1954
- Case v. ChambersOregon Supreme Court · 1957
- Mattechek v. PughOregon Supreme Court · 1935
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