Rubin v. Green

Lamberton, J.,

From a reading of the statement of claim, it is possible that the plaintiff may base his claim on any one of three theories: (1) He may be suing because of the wrongful act on the part of defendant in deceiving plaintiff and thereby inducing him to enter into the partnership agreement. In such case, the action is in deceit and the damages would be $3,000, plaintiff’s contribution to the partnership, plus interest; (2) he may be suing on account of matters arising under the partnership agree*512ment, in which case his remedy is probably in equity: Stephens et al. v. Lehnert, 310 Pa.…