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BROWNSON v. LEWIS AND BUNNELL

233 Or. 152 (1962)

377 P.2d 327

BROWNSON v. LEWIS and BUNNELL

Supreme Court of Oregon.

Reversed and remanded December 31, 1962.

Attorney(s) appearing for the Case

Leo Levenson, Portland, argued the cause for appellant. With him on the brief was Ernest M. Jachetta, Portland.

Nathan Heath, Portland, argued the cause for respondent. With him on the brief were Gray, Fredrickson & Heath and Lloyd W. Weisensee, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and LUSK, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

The trial court held that when the sole proprietor of a business took in a partner, who paid $5,000 for his interest, there was a void transfer of assets within the meaning of the bulk sales act. ORS 79.010 to 79.040. The defendant Bunnell, the party who bought the partnership interest, appeals from a decree in favor of Brownson, the plaintiff, who was a creditor of one Lewis, the former sole proprietor.

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