Vacuum Oil Co. v. Wichita Independent Consolidated Companies

Citations

• 110 Kan. 245
• 203 P. 915
• 1922 Kan. LEXIS 21

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Bulk Sale op Merchandise — Bulk-sales Lkw Not Complied, With — Rights of Creditors of Vendor. A dealer in motorcycles, bicycles and accessories, who also sold small quantities of oil supplied him by plaintiff under annual contracts for 100 barrels of oil in deliveries of a few barrels at a time, changed his mode of receiving his annual supply, and received an entire carload of ninety barrels at one delivery. He stored the usual amount which he had been accustomed to receive in his place of business, and stored the remainder, about eighty-five barrels, in a public warehouse. Having this large supply on hand, he determined to alter his former usual ■course of business, which was selling oil in gallon quantities, and to that end he employed a salesman to solicit orders for barrel lots. Some such orders were secured but not filled. The dealer sold and delivered the entire stock of oil stored in! the warehouse to defendants and they paid him the agreed price therefor, knowing at the same time that plaintiff had not been paid for the oil thus delivered to them. There was no compliance with the provisions of the bulk-sales law. Held, that the sale to defendants was not made in the ordinary course of business, and that the defendant purchasers were liable to plaintiff for the amount due on the eighty-five barrels of oil.</p>