Johnston, Clark & Co. v. Bernheim

The defendant and T. R. Waring, in Janunary, 1873, entered into a written agreement for the formation of a co-partnership in the purchase and sale of sewing machines, the business of which was to be carried on at Memphis in Tennessee under the personal management of the latter, and the defendant furnished to the capital the sum of one thousand dollars. At the same time it was understood and agreed by parol between them (outside of the articles in writing) that all the goods should be bought for cash and none on credit, in prosecuting the joint enterprise. The claim now in suit is for a…