Swisher v. Dunn

The opinion of the court was delivered by

Mason, J.:

A. Z. Swisher and P. L. Dunn entered into a written contract for the sale to Dunn of a drug store owned by Swisher, “including the business of a *413druggist,” for a price to be determined by an invoice. Dunn refused to accept and pay for the property, and Swisher brought an action for the purchase price, asking that the stock be sold and the proceeds applied thereto. A receiver was appointed, who took charge of the stock, and upon order of the court sold it at public auction in bulk, Swisher being the purchaser. Swisher obtained judgment .for…