179 P. 679 | Or. | 1919
There is but little, if any, dispute about what are deemed to be the material facts in the case. The statute alluded to makes it the duty of the one who purchases merchandise in bulk to demand and receive from the vendor, at least five days before the ■ consummation of the purchase and at least five days before paying the purchase price or any part thereof, “a written statement under oath containing the names and addresses of all of the creditors of said .vendor, together with the amounts of indebtedness due or owing, or to become due or owing, by said vendor to each of such creditors and, if there be no such creditors, a .written statement under oath to that effect.” The enactment requires the seller to furnish such a statement. Other provisions of the act prescribe that the vendee,. after having received the sworn statement already
Under date of December 11, 1916, Sidney Teiser, an attorney of this court, signed and addressed to the plaintiff a letter saying substantially, “following is a list of the names and amounts of the creditors represented by us.” Then followed a list of fourteen names of creditor firms with amounts set opposite each name, totaling $6,602.54. The claims of the defendants were not included in the schedule. Appended to this letter was an affidavit signed and verified by the oath of Svarverud, which after the venue runs thus:
“I, M. Svarverud, being first duly sworn, upon oath depose and say: That I am the owner of the Svarverud Hardware Company, which I have sold John E. Fitzhugh of Eugene, Oregon; that to the best of my knowledge and belief the names mentioned in one certain letter hereto attached are a complete list of the creditors and the amounts now due by the said Svarverud Hardware Company; that if any others should be discovered it will be due to the faulty memory or recollection, and I hereby bind myself to make prompt settlement of all such claims chargeable to the said hardware company prior to Dec. 16, 1916, whether mentioned in the attached list or not, and agree to be held responsible to John E. Fitzhugh, of Eugene, Oregon, for any consequences resulting from the failure to bring about such necessary adjustments or payments of said claims.”