Wilson & Sons v. Waugh, Jack & Co.
Supreme Court of Pennsylvania
Error to tlie Court of Common Pleas of Venango county: Of October Term 1882, No. 134. Assumpsit, by F. M. Wilson, H. M. Wilson and Cornelius Wilson, trading as Wilson & Sous, against R. M. Waugh, M. J. Jack and E. H. Jack, late trading as Waugh, Jack & Co., to recover the price of certain merchandise sold by plaintiffs to defendants. The writ was served on defendant Waugh alone, who pleaded non assumpsit, non assumpsit infra sex annos, payment with leave, etc.
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Error to tlie Court of Common Pleas of Venango county: Of October Term 1882, No. 134. Assumpsit, by F. M. Wilson, H. M. Wilson and Cornelius Wilson, trading as Wilson & Sous, against R. M. Waugh, M. J. Jack and E. H. Jack, late trading as Waugh, Jack & Co., to recover the price of certain merchandise sold by plaintiffs to defendants. The writ was served on defendant Waugh alone, who pleaded non assumpsit, non assumpsit infra sex annos, payment with leave, etc. On the trial, before Taylor, P. J., the facts of the case appeared to be as follows: The goods in question were furnished during the…
1Opinion of the CourtJustice Green
In delivering the opinion of this court in the case of Reppert v. Colvin, 12 Wr. 248, Mr. Justice Read on p. 252 said: “The law is well settled that after the dissolution of a partnership the partners cease to have any power to make a contract in any way binding on each other. The dissolution puts an end to the authority, and operates as a revocation of all power to create new contracts. Of course a hew-promise of which the original debt is the only consideration, by a partner after the dissolution of the copartnership, will not take the debt out of the statute of limitations so as to make…
2Cases cited1 opinion
- Houser v. IrvineSupreme Court of Pennsylvania · 1842
3Cited by4 opinions
- Pottsville Bank v. Minersville Water Co.Supreme Court of Pennsylvania · 1905
- In re MalschickDistrict Court, E.D. Pennsylvania · 1914
- McCahan v. SmithSuperior Court of Pennsylvania · 1899
- Robinson v. FloydSupreme Court of Pennsylvania · 1893