Dart v. Laimbeer
New York Court of Appeals
This action was brought to recover damages alleged to have been sustained by reason of the breach of a copartnership agreement. The alleged agreement was for a copartnership for one year in the flour business, defendant to furnish the capital and plaintiff to manage the business.
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This action was brought to recover damages alleged to have been sustained by reason of the breach of a copartnership agreement. The alleged agreement was for a copartnership for one year in the flour business, defendant to furnish the capital and plaintiff to manage the business. It appeared that the business was carried on under the agreement for about four months, when defendant refused to go any further with it, instructed the salesmen to sell no more goods, stopped deliveries and sold the machinery.
1Opinion of the Court
The following is the opinion:
“ The- defendant objects to the recovery in this action on two grounds: First. That there was not evidence sufficient to go to the jury to show that there would have been any profits from the business of the firm from March to the end of the year in case the partnership had not been dissolved. Second. That there was error in the reception of a copy of a letter written by defendant to one Perot. , ,
“ In regard to the first we think there was evidence sufficient to go to the jury upon the question of future profits. The plaintiff himself while on the stand swore…
2Cases cited1 opinion
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
3Cited by22 opinions
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Hichhorn, Mack & Co. v. BradleySupreme Court of Iowa · 1902
- R & I Electronics, Inc. v. NeumanAppellate Division of the Supreme Court of the State of New York · 1978
- Alexander's Department Stores, Inc. v. Ohrbach's, Inc.Appellate Division of the Supreme Court of the State of New York · 1945
- Ft. Smith W. R. Co. v. WilliamsSupreme Court of Oklahoma · 1912
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