Clifton v. Dunn

Almand, Justice.

A. H. Clifton, in an equitable action against Dolvin Dunn, sought to rescind a contract wherein the defendant sold to the plaintiff a barbecue place known as The Gypsy Girl, including the good will, stock, inventory, and fixtures. The petition alleged in substance: The sale was under the bulk-sales law, and the defendant, at the time of the sale, gave the plaintiff an affidavit stating that there were no creditors other than those listed in the affidavit. After the purchase, numerous people other than those indicated in the affidavit, presented to the plaintiff their claims or…