Henry v. Moss

Townsend, Judge.

The sole arguments of the plaintiff in error in support of his position that the general demurrer to the petition should have been'sustained are: (1) the agreement in question was a partnership agreement which was entirely speculative ini character, (2) the petition does not affirmatively allege that the business will not come into existence at some future time, and (3) the plaintiff has no right to compensation under the agreement except after the business comes into existence and makes profits from which he may be. paid, since the plaintiff, under his own allegations, agreed…