Pulliam v. Schimpf
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. James T. Jones. The plaintiff sued the defendant for the breach of an alleged agreement the.terms of which are set out in the cdmplaint, in substance, as follows: That on or about Eebuary 24th, 1892, the plaintiff and the defendant entered into an agreement to establish and conduct a shooting gallery in a certain building on Boyal street in the city of Mobile, which building was to be furnished by the defendant…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. James T. Jones. The plaintiff sued the defendant for the breach of an alleged agreement the.terms of which are set out in the cdmplaint, in substance, as follows: That on or about Eebuary 24th, 1892, the plaintiff and the defendant entered into an agreement to establish and conduct a shooting gallery in a certain building on Boyal street in the city of Mobile, which building was to be furnished by the defendant for that purpose. The plaintiff was to personally manage and conduct the business, to fit up the room in a manner…
1Opinion of the CourtMcCLELLAN, J.
As we interpret the' facts laid in the complaint, they do not constitute a partnership between the plaintiff and the defendant. The latter was to furnish a house in which the business of a shooting gallery was to be carried on, and the former was to arrange and fit up the house so as to adapt it to the uses of that business, to supply the necessary implements, as rifles, targets and the like, for carrying on the business, and to personally conduct the business. The net profits were to be equally divided between them, and the business was to continue so long as it was profitable or paid…
2Cases cited5 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Nelms v. McGrawSupreme Court of Alabama · 1890
- Fail v. McReeSupreme Court of Alabama · 1860
- Robinson v. BullockSupreme Court of Alabama · 1877
- Mayrant & Co. v. Marston, Brown & Co.Supreme Court of Alabama · 1880
3Cited by10 opinions
- Pulliam v. SchimpfSupreme Court of Alabama · 1895
- Stafford v. SibleySupreme Court of Alabama · 1894
- Brooke v. TuckerSupreme Court of Alabama · 1907
- Orr, Jackson & Co. v. PerryAlabama Court of Appeals · 1919
- Peck v. LampkinSupreme Court of Alabama · 1917
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