Campbell v. Faxon
Supreme Court of Kansas
Error from Doniphan district court; William I. Stuart, judge. STATEMENT. Action by the firm of Faxon, Horton & Gallagher to recover for drugs purchased for the “Elk Pharmacy,” in Kansas City. C. F. McCormick owned a drug-store and employed R. E. Ela, jr., as his agent and manager of the store. A few months afterward McCormick died; and J. A. Campbell was appointed administrator of the estate.
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Error from Doniphan district court; William I. Stuart, judge. STATEMENT. Action by the firm of Faxon, Horton & Gallagher to recover for drugs purchased for the “Elk Pharmacy,” in Kansas City. C. F. McCormick owned a drug-store and employed R. E. Ela, jr., as his agent and manager of the store. A few months afterward McCormick died; and J. A. Campbell was appointed administrator of the estate. Campbell took possession of the drugstore, inventoried the stock, and agreed with Ela to continue the business upon the same plan as it had been conducted in McCormick’s lifetime. The business, was…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, C. J.:
The material facts in the case are not in dispute, but there is a contention as to the relation of J. A. Campbell to the drug business and his lia*678bility for the contracts made while he was conducting it. These depend mainly upon the interpretation and obligation of the McCormick-Ela contract, under which Campbell continued the business. At an early stage of. the litigation there appears to have been some claim that the contract created a partnership relation, but all parties now agree that McCormick and Ela were not partners, and…
2Cases cited3 opinions
- Willis v. . SharpNew York Court of Appeals · 1889
- Marvel v. PhillipsMassachusetts Supreme Judicial Court · 1894
- Smith v. Estate of PrestonIllinois Supreme Court · 1897
3Cited by16 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- In Re Jennings' EstateMontana Supreme Court · 1925
- Neyland v. BrammerCourt of Appeals of Texas · 1933
- In re the Estate of SpicerOrphan's Court of Delaware · 1923
- Bowen, Administrator v. LewisSupreme Court of Kansas · 1967
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