Evans v. Negley
Supreme Court of Pennsylvania
IN ERROR. In the Court of Common Pleas of Allegheny county, Evans was the plaintiff below, a verdict having been rendered in his favour for ten hundred and twenty dollars, a sum less than he demanded. Besides the bills of exceptions on his part, there was a bill of exceptions taken by the defendant, to the rejection of evidence offered by him on the trial.
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IN ERROR. In the Court of Common Pleas of Allegheny county, Evans was the plaintiff below, a verdict having been rendered in his favour for ten hundred and twenty dollars, a sum less than he demanded. Besides the bills of exceptions on his part, there was a bill of exceptions taken by the defendant, to the rejection of evidence offered by him on the trial. The action was covenant, by George Evans against John Negley, founded on the following circumstances: — The plaintiff and defendant were partners in erecting and carrying on a steam mill, under an agreement to divide the profits, each…
1Opinion of the Court
*221The opinion of the court was delivered by
Gibson, J.
This is a case of less than ordinary difficulty j Evans and Negley were partners in the erection and business of a steam-mill, on terms of dividing the profits, and bearing equal parts of the expense. Shortly after the mill was in operation, they agreed that Negley should take all the profits, pay the debts, (except a debt due by the firm to Evans himself,) and pay Evans eight thousand five hundred dollars for'his interest in the property, when it should be convenient; and, in the mean time pay him a u yearly rent” as the parties expressed…
2Cases cited1 opinion
- Levy v. GadsbySupreme Court of the United States · 1805
3Cited by2 opinions
- Mitchell v. GriffithSupreme Court of Missouri · 1856
- Peabody v. PattenMassachusetts Supreme Judicial Court · 1824