Atlas Merchandising Co. v. Johnny's California Market, Inc.

DiSALLE, J.,

This matter arises on preliminary objections filed by defendant, John Brodak, to plaintiff’s complaint in assumpsit. It appears that defendant, Johnny’s California Market, Inc. (hereinafter referred to as “Market”), had entered into an agreement to sell to defendant, John Brodak, all of its business and inventory. At the time of the transfer, plaintiff was a creditor of the Market and notice of the impending sale was given to plaintiff pursuant to the bulk transfer provisions of the Uniform Commercial Code — Bulk Transfers Act of October 2, 1959, P.L. 1023, sec. 6, 12A P.S. §6-101…