Butler Bros. v. Mason

Defendant Mason sold his mercantile business, stock, fixtures, store building, and lot to defendant Burnett. Plaintiff, a creditor of Mason, asked for judgment against both defendants. Recovery against Burnett was predicated upon the allegation that in so far as the sale of the stock and fixtures was concerned the Bulk Sales Law (sections 914-921, Rev. Code 1919) was not complied with. Defendant Burnett only was personally served with process. The trial court made findings of fact and therefrom concluded that defendant Burnett was entitled to a dismissal of the action upon its merits. From…