Meserve v. Andrews
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that the parties agreed that the plaintiffs should permit the defendant to use and occupy their shop in Boston, and should render certain services to him in his business, and in consideration thereof he should pay them rent, and for repairs and furniture, and also a quarter of the net profits of the business ; that the plaintiffs faithfully performed their part of the agreement, and there were net profits resulting from the business; but…
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Contract. The declaration alleged that the parties agreed that the plaintiffs should permit the defendant to use and occupy their shop in Boston, and should render certain services to him in his business, and in consideration thereof he should pay them rent, and for repairs and furniture, and also a quarter of the net profits of the business ; that the plaintiffs faithfully performed their part of the agreement, and there were net profits resulting from the business; but that the defendant refused to pay the plaintiffs anything. The case was sent to an auditor, who made a report of which the…
1Opinion of the CourtWells, J.
The agreed statement does not make it appear whether or not the business of Andrews was such that the right of the plaintiffs to share the net profits involved an interest in the property burned, as a part of the subject matter out of which those profits were to be derived. The agreement to share profits may, but does not necessarily, imply a joint interest in the property held or used for the purposes of the business from which such profits are to arise. Howe v. Howe, 99 Mass. 71. The agreed facts also fail to show whether the prosecution which he defended arose from, or had such reference…
2Cases cited1 opinion
- Howe v. HoweMassachusetts Supreme Judicial Court · 1868
3Cited by6 opinions
- Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
- Rosenblum v. Springfield Produce Brokerage Co.Massachusetts Supreme Judicial Court · 1922
- Dutcher v. BuckMichigan Supreme Court · 1893
- Williams v. KnibbsMassachusetts Supreme Judicial Court · 1913
- First Nat. Bank of Lindsay v. WorLeySupreme Court of Oklahoma · 1924
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