Glore v. Dawson
Missouri Court of Appeals
Appeal from Boone Circuit Court. — How. John A. Eockaday, Judge. (1) Defendant’s intestate did not execute and deliver the contract. It is in the handwriting of Clore, the plaintiff.
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Appeal from Boone Circuit Court. — How. John A. Eockaday, Judge. (1) Defendant’s intestate did not execute and deliver the contract. It is in the handwriting of Clore, the plaintiff. (2) But if this contract was executed and delivered then it, together with the evidence in the case, establishes a partnership between the plaintiff and Dawson and under this contract .the plaintiff was to receive or withdraw from the business $50 per month and in addition was to receive one-half the net profits, and said profits were to remain permanently in the business until “we sell out or. disagree.” Bank v.…
1Opinion of the CourtEllison, J.
This case originated in the probate court of Boone county where plaintiff presented his claim against the estate of W. E. Dawson, deceased, represented by the defendant as administrator. The probate court allowed the claim in an amount something less than asked by plaintiff. Defendant thereupon appealed to the circuit court of Boone county where plaintiff again prevailed.
The claim is founded principally upon the following instrument signed by plaintiff and the deceased:
“Centralia, Mo., May 1, 1898.
“It’s agreed that J. R. Glore draws $50 per month and half of net profits and profits to remain…
2Cases cited2 opinions
- Torbert v. JeffreySupreme Court of Missouri · 1901
- Ross v. CarsonMissouri Court of Appeals · 1888
3Cited by3 opinions
- A. Graf Distilling Co. v. WilsonMissouri Court of Appeals · 1913
- Beasley v. BerryMontana Supreme Court · 1906
- Mingus v. Bank of EthelMissouri Court of Appeals · 1909