136 Ga. 192 | Ga. | 1911
The second section of the act of August 17, 1903 (Acts 1903, p. 92), regulating the sale of stocks of goods, wares, and merchandise in bulk, reads as follows: “Thereupon it shall be the duty of the purchaser, at least five (5) days before the completion of said purchase, or the payment therefor, to notify, personally or by registered mail, each of said, creditors, of the said proposed sale, the price to be paid therefor, and the terms and conditions thereof, together with a copy of the statement of the assets and liabilities, as furnished him by the vendor.” Two questions arise for decision: first, was it a sufficient compliance with the requirement of the act that the notice was sent by registered mail to a non-resident creditor of the vendor at least five days before the completion of the sale or payment therefor, or was it necessary that such notice should be received, by the person to whom it was sent, five days before such completion; and second, was the notice which was sent in this case sufficient in its terms to comply with the act ?