Ferguson v. Sims

Opinion by

J udge Hargis :

The appellant and his father were partners in a crop of tobacco which yielded five hogsheads. The latter sold two of the hogsheads and collected the price therefor, out of which he paid to the former $30 and agreed to pay him the remainder of his share when the other hogsheads should be sold. They were subsequently sold by the appellee as the agent of the father, who had died, and appellant brought this suit to recover from appellee one-third of the price of the five hogsheads of tobacco.

On what principle he expected to recover for the tobacco which his father sold…