Briggs v. . Briggs and Vose

The complaint is not simply for money had and received by the defendants to the plaintiff's use, but it sets out the contract of the 23d March, 1850, as an undertaking of the defendants to sell the plaintiff's lumber on commission, and account for and pay over the proceeds to them; and it alleges a breach of that contract in refusing to pay over the balance of the proceeds. The evidence and the finding show that the defendants received the lumber pursuant to the contract, while they remained partners, but before it was all sold Briggs retired from the firm, and Vose, continuing the business,…