Chattanooga Glass Co. v. Baton Rouge "76" Bottling Co.
Also decided on this docket: La. Ct. App. 1st Cir., April 7, 1969 221 So. 2d 279; La. Ct. App. 1st Cir., June 29, 1951 53 So. 2d 431; La. Ct. App. 1st Cir., December 19, 1928 121 So. 236; La. Ct. App. 1st Cir., May 30, 1904 1 Teiss. 257; La., May 15, 1874 26 La. Ann. 537; La. Ct. App. 3d Cir., May 28, 1971 249 So. 2d 584
Chattanooga Glass Co. v. Baton Rouge "76" Bottling Co., 53 So. 2d 818 (La. Ct. App. 1st Cir. 1951).
Cited by
- Weiner's, Inc. v. Sunseri 141 So. 2d 162 La. Ct. App. 1st Cir. 1962
Authorities cited
Identified automatically; this list may not be exhaustive.
- Manchester Silver Co. v. Clara Jewelry Co. 138 So. 467
- M. L. Bath Co. v. Booth-McLelland Chevrolet Co. 142 So. 353
- General Tire & Rubber Co. v. Bullock 130 So. 136
Opinion text
PER CURIAM. We will concern ourselves only with the alternative ground for a rehearing set forth in appellant’s application as all other contentions are fully covered in the original judgment. Alternatively, appellants contend that this Court erred in failing to hold that Tyree was liable for two-fifths of the debt sued on as a result of his purchase of an undivided two-fifths interest in the business from the Mitchells prior to the institution of this suit on April 1, 1947 and rely on the case of Hughes v. Waldo, 14 La.Ann. 348 . This case is not applicable as there- was no Bulk Sales Statute at that *819 time and the case under consideration must be decided in the light of the Bulk Sales Law as set forth in Act No. 270 of 1926, LSA-RS 9:2961 et seq., and the established jurisprudence on the point of law. Under the provisions of the cited act, a purchaser of an interest in partnership assets is not to be held personally responsible as a joint or solidary obligor, but is liable to all of the creditors as a receiver for the fair value of all the property transferred to him. See Manchester Silver Co. v. Clara Jewelry Co., 19 La.App. 367 , 138 So. 467 ; Bath Co., Ltd. v. Booth-McClelland Chevrolet Co., La.App., 142 So. 353 ; General Tire & Rubber Company v. Bullock, 14 La.App. 522 , 130 So. 136 . Rehearing denied.