Henderson v. Murphree
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Eton. Jeb,e N. Williams. This was a bill by W. H. Murphree against J. D. Henderson and J. C. Henderson, for a partnership settlement and accounting.
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Appeal from the Chancery Court of Pike. Heard before the Eton. Jeb,e N. Williams. This was a bill by W. H. Murphree against J. D. Henderson and J. C. Henderson, for a partnership settlement and accounting. The bill shows that the complainant, who had no capital of his own, was taken into partnership by the defendants, at the time and under the circumstances stated in the opinion ; and that the partnership contract was modified in June, 1894, as indicated, in the opinion, the stipulation there referred to being as follows : ‘ ‘It is expressly understood and agreed that this partnership is…
1Opinion of the CourtHaralson, J.
The contention here is, whether the agreement between the appellants and appellee, as set out in the abstract, provides for a penalty or for liquidated damages, in case the appellee, during the existence of the partnership, violated the written agreement between him and his partners, the appellants, to abstain altogether from the use and indulgence in spiriuous, vinous and malt liquors in any form or quantity.
It is difficult, if not impossible, to lay down any one or more rules which will be a test by which all cases of the kind are to be determined, for in many cases a great number of…
2Cases cited5 opinions
- Keeble v. KeebleSupreme Court of Alabama · 1888
- Comer v. BankheadSupreme Court of Alabama · 1881
- Mason v. Alabama Iron Co.Supreme Court of Alabama · 1882
- Williams v. GloverSupreme Court of Alabama · 1880
- McPherson v. HarrisSupreme Court of Alabama · 1877
3Cited by8 opinions
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
- World's Exposition Shows, Inc. v. B. P. O. Elks, No. 148Supreme Court of Alabama · 1939
- Stratton v. FikeSupreme Court of Alabama · 1909
- Otinger v. Water Works and Sanitary Sewer BoardSupreme Court of Alabama · 1965
- A. S. Knowles Dry Goods Co. v. GunterSupreme Court of Alabama · 1920
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