McPherson v. Robertson
Supreme Court of Alabama
Appeal from the Circuit Court of... Calhoun. Tried before the Hon. Leroy F. Bos. This action was brought by T. L. Bobertson against J. O. McPherson, and was commenced .on .the 5th June, 1886. The action was founded on a written contract, under seal, signed by both parties, and dated October 16th, 1884, in these words : “ This agreement and • contract witnesseth, that-the said T. L. Bobertson and J. O. McPherson hereby agre'e, by mutual consent, that the partnership now…
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Appeal from the Circuit Court of... Calhoun. Tried before the Hon. Leroy F. Bos. This action was brought by T. L. Bobertson against J. O. McPherson, and was commenced .on .the 5th June, 1886. The action was founded on a written contract, under seal, signed by both parties, and dated October 16th, 1884, in these words : “ This agreement and • contract witnesseth, that-the said T. L. Bobertson and J. O. McPherson hereby agre'e, by mutual consent, that the partnership now existing between them in the drug business, under the firm name of Bobertson & McPherson, shall be, and is this day,…
1Opinion of the CourtStone, C. J.
— Plaintiff and defendant being partners in the sale of drugs and medicines, in October, 1884, entered into a written contract of dissolution, signed by each of the partners. The stipulations were and are mutual,, and pro*461vide for the doing of several things by each alike, all looking to an early settlement of- the partnership accounts. Some oi these stipulations are of such a character, that damages for the breach of them can be measured and ascertained by a money standard, with absolute or proximate certainty. Others are such that damages for their breach are in their nature uncertain, and…
2Cases cited9 opinions
- Hooper v. Savannah & Memphis RailroadSupreme Court of Alabama · 1881
- Vincent v. RogersSupreme Court of Alabama · 1857
- Beale v. HayesThe Superior Court of New York City · 1852
- Vincent v. MartinSupreme Court of Alabama · 1885
- Gray v. CrosbyNew York Supreme Court · 1820
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3Cited by8 opinions
- Keeble v. KeebleSupreme Court of Alabama · 1888
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Stratton v. FikeSupreme Court of Alabama · 1909
- Sutton v. EppersonSupreme Court of Alabama · 1993
- Wood & Bros. v. Winship Machine Co.Supreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.