Trevidick v. Mumford

Graves, Ch. J.

The firm of Trevidick, Deering & Co. were carrying on a planing mill, the plaintiff in error having a quarter interest in the property and business. He made a verbal sale to defendant of half of bis interest in the business and in tbe property, real and personal, subject, however, to all debts and incumbrances, and the defendant undertook to pay a share. He also, as a part of tbe consideration, undertook to pay one-half of a mortgage the plaintiff was owing, and which rested upon certain property called the Salina property. This property, however, was distinct from that which…