Newberry v. Gibson

1. Right op one partner to sue another. The parties to this action were partners in the livery business and on the 17th day of August, 1902, they executed a written memorandum of agreement as follows : “ Newberry sells Gibson his one-half of livery at ten per cent, off on all stuff, after taking out four horses as follows: Tony and Goldust, Barney and Ohub, at invoice price; possession to be given as soon as invoice completed.” On the same day the livery stock was invoiced, and the sole possession thereof surrendered to the defendant, who thereafter continued the business until some time…