Old Corner Book Store v. Upham

This is an appeal from a final decree of the Superior Court dismissing the plaintiff’s bill. It comes before us on all the evidence, without special findings of fact.

It appears from the evidence that the defendant Upham was employed as a clerk in the Old Corner Book Store from 1866 to 1872. In 1872 he became a partner and thereafter carried on the book trade at that store (as a partner or alone) until October 30, 1902, when he sold his interest therein to his then partner, George A. Moore. Moore paid Upham for his interest (it was a two thirds interest) in the partnership $35,000, and by the…