Gilbert v. Howard Automatic Machine Co.
Supreme Court of North Carolina
ActioN beard on demurrer before Webb., J., at January Term, 1908, of Durham. Tlie complaint', containing tbe written contract entered into between tbe parties, is as follows: Plaintiffs allege: 1. T'bat on 16 December, 1904, plaintiffs and J. Ii. Howard and A. Lyon entered into a contract of copartnership in tbe words and figures as follows: “Articles of agreement entered into this December 16, 1904, at Durham, N. O., by and between A. Lyon, J. IL.
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ActioN beard on demurrer before Webb., J., at January Term, 1908, of Durham. Tlie complaint', containing tbe written contract entered into between tbe parties, is as follows: Plaintiffs allege: 1. T'bat on 16 December, 1904, plaintiffs and J. Ii. Howard and A. Lyon entered into a contract of copartnership in tbe words and figures as follows: “Articles of agreement entered into this December 16, 1904, at Durham, N. O., by and between A. Lyon, J. IL. Howard, W. R. Kuker and A. P. Gilbert: Witnesseth, that tbe said parties, for tbe consideration and for tbe purposes hereinafter recited, have…
1Opinion of the Court
Hotos, J.,
after stating the facts: The Court is of opinion that by the contract, set out in full in’the complaint, a partnership was created between the parties as an executed agreement and that the stipulation, in the second clause of said contract, by which the plaintiffs were to erect and construct a machine and make certain advancements, was not in the nature of a condition precedent or concurrent, but an obligation for the breach of which, if not.properly explained, the plaintiffs could be held responsible, either as an item of charge in taking a partnership account or by way of…
2Cases cited6 opinions
- Karrick v. HannamanSupreme Court of the United States · 1897
- Bagley v. . SmithNew York Court of Appeals · 1853
- Southern White-Lead Co. v. HaasSupreme Court of Iowa · 1887
- Wadsworth v. ManningCourt of Appeals of Maryland · 1853
- Pierce & Campbell v. WhitleySupreme Court of Alabama · 1863
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