Hallett v. Cumston
Massachusetts Supreme Judicial Court
Bill in equity, filed February 23, 1871, alleging that the plaintiff and William Cumston carried on the business of manufacturing and selling pianofortes, as partners, until May 1865, when the partnership was dissolved and it was agreed in writing that Cumston should employ the plaintiff as a salesman in his business for three years, paying him as compensation one third of the net profits of the business, and that William Cumston should “ have the right, during the term of…
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Bill in equity, filed February 23, 1871, alleging that the plaintiff and William Cumston carried on the business of manufacturing and selling pianofortes, as partners, until May 1865, when the partnership was dissolved and it was agreed in writing that Cumston should employ the plaintiff as a salesman in his business for three years, paying him as compensation one third of the net profits of the business, and that William Cumston should “ have the right, during the term of this agreement, to use the name of said Hallett, jointly with his own name, in conducting his said business,’’ but that…
1Opinion of the CourtGray, J.
By the agreement made between the plaintiff and William Cumston in 1865, under which the business was after-wards carried on until Cumston’s death in 1870, the partnership previously existing between them was dissolved, the plaintiff Ceased to be a partner or to have any interest in the business, except the right to receive one third of the net profits by way of compensation for his services, the business became the business of Cumston alone, and it was expressly agreed that Cumston should “ have the light, during the term of this agreement, to use the name of said Hallett jointly with his…
2Cases cited2 opinions
- Rogers v. TaintorMassachusetts Supreme Judicial Court · 1867
- Emerson v. BadgerMassachusetts Supreme Judicial Court · 1869
3Cited by5 opinions
- Lodge v. WeldMassachusetts Supreme Judicial Court · 1885
- Carson v. HarrisCourt of Appeals of Texas · 1951
- Thompson v. SpagnuoloMassachusetts Supreme Judicial Court · 1942
- Lowenstein v. Lowenstein's, Inc.Massachusetts Supreme Judicial Court · 1936
- Carson v. HarrisCourt of Appeals of Texas · 1951