The sale, by lots or in bulk, of the whole or a part of a stock of merchandise, not made in the regular course of business and in the usual and customary course of business of the seller, shall be considered as fraudulent and void insofar as it refers to the creditors of the seller, unless, at least twelve (12) days prior to the sale, the seller and the buyer shall make a complete and detailed inventory showing the amount thereof, and, as far as possible, through the exercise of reasonable diligence, the cost to the seller of every article to be included in the sale; and unless the buyer demands and obtains from the seller a written report with the names and addresses of the seller’s creditors and the amount owed to each of them, with a sworn statement from the seller to the effect that, according to his best information and belief, it is a complete and exact list of his creditors and debts; and unless the buyer, at least twelve (12) days before taking possession of such merchandise, or paying the price thereof, notifies, either personally or by registered mail, each and every one of the creditors whose names and addresses appear on said list, of the fact of the proposed sale and of the price, terms and conditions thereof.
History —Apr. 27, 1931, No. 60, p. 406, § 1, eff. 90 days after Apr. 27, 1931.