Lipshutz v. Lipshutz
Supreme Court of Pennsylvania
Appeal, No. 363, Jan. T., 1922, by defendants, from judgment of C. P. No. 1, Phila. Co., June T., 1920, No. 9171, on verdict for plaintiff, in case of William Lipshutz v. Joseph Lipshutz et al., individually and as copartners, trading as Lipshutz Brothers. Assumpsit ou contract. Before Shoemaker, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $8,100. Defendants appealed.
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Appeal, No. 363, Jan. T., 1922, by defendants, from judgment of C. P. No. 1, Phila. Co., June T., 1920, No. 9171, on verdict for plaintiff, in case of William Lipshutz v. Joseph Lipshutz et al., individually and as copartners, trading as Lipshutz Brothers. Assumpsit ou contract. Before Shoemaker, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $8,100. Defendants appealed. Errors '.assigned, inter alia, were various instructions, appearing by the opinion of the Supreme Court, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Schaffer,
As the result of the death of their childless brother, who was engaged in the retail clothing business, and their purchase of the interests of his widow and mother therein, plaintiff and defendants, surviving brothers of the decedent, became possessed of the business. They did not pay actual cash for it, but gave obligations which were ultimately paid from the income of the enterprise.. The store was carried on for about two months after its purchase by the five brothers as copartners, then plaintiff withdrew, as he avers, as a result of the oral undertaking of…
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