81 Ind. App. 400 | Ind. Ct. App. | 1924
In January, 1921, and for some time thereafter, the appellee Jennie Dixon was the owner of the grounds and buildings situate thereon known as the Highland Sanitarium, at Martinsville, Indiana, and was operating the same as a hotel and sanitarium. She was also the owner of the furniture, fixtures, dishes, cutlery, stoves, etc., used in connection with the operation of said hotel and sanitarium, and was operating said plant as the Highland Sanitarium.
While she was so the owner and operating said sanitarium, the appellant herein furnished labor and materials and made certain needed repairs on the elevator in said sanitarium, and said appellee became indebted to appellant, by reason of such labor and materials so fur
This action was commenced in June, 1922, by filing a complaint in one paragraph. It is the contention of appellant that the sale and transfer of the said property is within the provisions of the Sales in Bulk statute of this state; (Acts 1909 p. 122, §7471a Burns 1914) that the provisions of said statute were not complied with, and that it, therefore, had a right to have said purchaser declared to be a receiver, etc., as in said act provided.
The said purchaser filed a demurrer to said complaint which was sustained, and appellant refused to plead further. The appellee, Jennie Dixon, filed an answer in abatement, to which appellant demurred, and which demurrer was overruled with an exception to appellant. Appellant was then ruled to reply to said answer in abatement, which it declined to do, and suffered judgment to be rendered against it for costs.
The first question involved in this appeal is — Was the transaction between the appellees, in the matter of the sale of said hotel and sanitarium, together with the furniture, fixtures, and equipment thereof, within the provisions of said act? If it was, said demurrer was erroneously sustained.
The privilege of entering into or making contracts, the parties .being sui juris, is at common law, both a liberty and a property right. Off & Co. v. Morehead (1908), 235 Ill. 40, 85 N. E. 264, 126 Am. St. 184, 20 L. R. A. (N. S.) 167, 14 Ann. Cas. 434. Any statute which attempts to restrict this right
No error has been presented. Judgment affirmed.