Cary v. Neel

The plaintiff filed suit against three defendants as copartners. One of the defendants demurred to the petition, and to the judgment overruling certain grounds of his demurrer this defendant excepted, naming the plaintiff and the other two defendants as defendants in error. Properly construed, the allegations of the petition resolve themselves into this case: The plaintiff and the defendants, who as partners owned and operated a sand and gravel quarry, entered into an agreement whereby the defendants employed the plaintiff for one year to promote the sale of their gravel to be used in the…