Schoeppel v. Pfannensteil

The opinion of the court w|as delivered by

Dawson, J.:

This appeal presents the question whether the sale of an undivided half interest in a partnership stock of merchandise by one partner to his fellow partner is governed by the bulk-sales act. Briefly, the facts were these:

For some time prior to October 1, 1922, E. B. Hopper and Elias Pfannensteil, defendant herein, were partners engaged in merchandising and owned and operated a mercantile store in Ness City. On that date defendant purchased the undivided half interest of Hopper for $4,000 in cash. Neither partner made any effort to comply…