Jubas

The court’s Findings of Fact are to the following purport and are unquestioned:

A copartnership composed of Gene L J ‘ f FaíTan. and Leo G- 01son was conducting a retail shoe business under the fictitious name of Fashion Bootery. The copartnership was adjudged a bankrupt and plaintiff-appellee thereafter became Trustee jn Bankruptcy. While yet solvent, the COpartnership sold 1240 pairs of shoes « . , , , £ which were of broken sizes and out of , ^ _ stylc: Tbey had “st betwcen $5'25 and $^*25 per pair and defendant-appellant purchased them for their then value of $1.00 per pair. This purchase and sale constituted 25% of the number of pairs of shoes and 15% of the value of the then held stock in trade. Prior to the sale “all available attempts to sell said shoes in the ordinary retail method of separate Pairs of shocs t0 mdivldual ^tomers had bcen ^successful.” The firm “had been tmable t0 obtam any hl^her or bctter offcr for sald shoes tban ?L0° Per Palr’ which was offered by defendant bercm-”

The California Bulk Sales Law, § 3440 of the Civil Code of California, provides that a sale in bulk of a substantial part oí a stock in trade “otherwise than in the ordinary course of…