Kish v. Daum

Opinion by

Mr. Justice Schaffer,

The court below on an affidavit of defense in the nature of a demurrer to plaintiff’s statement held that he could not recover a balance of salary which he claimed from the partnership of which he had been a member; from its decision he has appealed.

Plaintiff and the three defendants entered into an agreement of partnership, wherein it was provided that each should receive for his services an annual salary therein fixed which should be considered expenses of the partnership. At the end of three years and a half plaintiff sold his interest to the other three…