Hines v. Roberts Bros.

The opinion of the court was delivered by

Marshall, J.;

The defendants appeal from a judgment against them for damages for the violation of an oral contract entered into between them and the plaintiff.

The plaintiff ran a restaurant in Elkhart, became financially involved, and determined to quit the business. The defendants were his principal creditors. He alleged, and there was evidence which tended to prove, that he entered into an oral contract with them by which he turned his business over to them to be operated by them, they to pay the running expenses out of the proceeds of the business…