Anderson & Clayton Co. v. Earnest

COUNTISS, Justice.

This is a suit under the Uniform Commercial Code — Bulk Transfers Act, Tex. Bus. & Com.Code Ann. §§ 6.101, et seq. (Vernon 1968). 1 Anderson and Clayton Co. (hereafter “ACCO”) sought unsuccessfully to secure a personal judgment against ap-pellee Ronnie J. Earnest (hereafter “Earnest”) on an account owed to ACCO by the prior owner of a business purchased by Earnest. We affirm.

In 1976, Earnest sold his livestock feed and supply store to his nephew, Joe Trol-linger, for $16,000.00. Trollinger borrowed the purchase money from a bank and Earnest co-signed the note. In September,…