Partridge v. Kingman
Massachusetts Supreme Judicial Court
Tort for conversion of property attached by the defendant, a deputy sheriff, on a writ against Charles W. Soule. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal, upon an agreed statement of facts, the material parts of which appear in the opinion.
1Opinion of the CourtMorton, J.
By the contract between the plaintiff and Soule, the plaintiff was to furnish a stock of goods, and was to pay *477Soule for his services in selling them “ a sum equal in amount to one third of the net profits arising from the sale of said stock.” The contract further provided “ that the said stock in trade shall be the exclusive property of the party of the first part [the plaintiff], and under any circumstances the party of the second part shall have no interest therein.” This contract did not make the parties to it partners. Soule had no interest in or lien upon the property or profits. The…
2Cases cited1 opinion
- Rice v. BarrettMassachusetts Supreme Judicial Court · 1874
3Cited by3 opinions
- Ross v. BurrageMassachusetts Supreme Judicial Court · 1919
- Williams v. WolffCourt of Appeals for the First Circuit · 1924
- McKesson Liquor Co. v. GerardiMassachusetts District Court, Appellate Division · 1939