Jeffery

Jeffery v. Volberg

Good Law
159 Cal. App. 2d 815·1958 Cal. App. LEXIS 2072·324 P.2d 964
Court of Appeal of CaliforniaApril 30, 1958Civ. 9319California1,465 words

Opinion

Opinion

Warne, J.

This is an appeal from a money judfnt entered in an action brought to recover the price of ¿ck of electrical fixtures, appliances and materials sold by pondent to appellants.

,the time of the sale the stock was located, displayed and offd for sale in the ordinary course of business in a paint str operated by respondent’s sister and brother-in-law. As a edition to obtaining a lease of a storeroom in the same b-ding in which the paint store was located appellants were retired by the owner-lessors to purchase respondent’s stock i>rade. This the appellants agreed to do and the stock was si to appellants at the wholesale price thereof. The stock is not then formally inventoried but appellants and respond-.t checked off the items against the wholesale invoices and, ícept for some light fixtures and two TV sets, the stock was aoved into that portion of the building which appellants had .eased. A few days thereafter, appellants informed respondent that they did not want the stock as they had been advised that they could not get good title thereto unless respondent recorded and published notice of the intended sale as required by the so-called “bulk sales law” (Civ. Code, § 3440.1). This…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.