Giles v. Herzstein

ZINN, Justice.

Plaintiff (appellee here), filed his complaint praying for judgment against defendant (appellant here) in the sum of $1,950. He alleged that pursuant to an oral agreement, plaintiff and defendant agreed to enter into the cattle buying business and divide the profits but not the losses. That they bought about 200 head of cattle which the defendant later sold at a profit of $3,900, and refused to pay the plaintiff his half of the profits.

The defendant answered, admitting the venture, alleging that it was a partnership arrangement, however, conditioned upon sharing losses as well…