Dame v. Kempster
Massachusetts Supreme Judicial Court
Contract against Daniel E. Kempster, William L. Faxon, and Stiles Frost, as copartners, doing business under the firm name of the Kempster Roller Skate Coufpany, to recover for certain boxwood rolls sold and delivered to them.
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Contract against Daniel E. Kempster, William L. Faxon, and Stiles Frost, as copartners, doing business under the firm name of the Kempster Roller Skate Coufpany, to recover for certain boxwood rolls sold and delivered to them. At the trial in the Superior Court, before Pitman, J., the plaintiffs introduced evidence tending to show that, although all bills and statements for the rolls had been rendered by them in the name of the defendant Faxon as purchaser, they in fact sold the rolls to the Kempster Roller Skate Company ; and the question upon whose credit the goods were furnished was…
1Opinion of the CourtMorton, C. J.
The Superior Court correctly held that the agreement between the defendants made them partners. By it they were to carry on the business of manufacturing and selling roller skates, under the name of the Kempster Roller Skate Company. Faxon was to furnish the capital, and to have the general charge of the financial department of the business, and of buying materials and selling skates; each party was to receive a certain compensation ; and then it is provided thatCl the net profits resulting from the manufacture and sale of said skates, after deducting expenses, including the special…
2Cited by4 opinions
- Webster v. John Clark, Son & Co.Supreme Court of Florida · 1894
- Estabrook v. WoodsMassachusetts Supreme Judicial Court · 1906
- Tidewater Construction Co. v. Monroe CountySupreme Court of Florida · 1933
- Sheldon v. LittleSupreme Court of Vermont · 1940