Rogers v. Nichols
Texas Supreme Court
Appeal from Lavaca. Tried below before the Hon. Fielding Jones. On the 5th day of Sept. 1855, William B. Davis purchased from M. B. and J. M. Bennett, trading as partners under the style of Bennett & Brother, lot No. 8, in block No. 1, in the town of Halletsville, and a stock of drugs, medicines, furniture, &c., then in the house erected on said lot.
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Appeal from Lavaca. Tried below before the Hon. Fielding Jones. On the 5th day of Sept. 1855, William B. Davis purchased from M. B. and J. M. Bennett, trading as partners under the style of Bennett & Brother, lot No. 8, in block No. 1, in the town of Halletsville, and a stock of drugs, medicines, furniture, &c., then in the house erected on said lot. The agreement was in the form of an indenture ; and it was stipulated therein, that Davis was to pay J. M. Bennett, for the said lot and its appurtenances, the sum of $1,250, as thereinafter provided, and said J. M. Bennett was to make to said…
1Opinion of the CourtWheeler, J.
Although by the contract of the 5th of September, 1855, Davis alone was to become the purchaser of the house and-lot, and drugs, medicines, &c., mentioned in the agreement ; yet, by the contract of partnership of the 6th of September, between himself and the plaintiffs, they all joined in the *724purchase for. the purposes of the partnership. The property thereby became the partnership means for the purpose of carrying on the business of the firm. The purchase was on their joint account, and the property became partnership property. Although a purchase be on separate, and not on joint account,…
2Cases cited1 opinion
- Sims v. WillingSupreme Court of Pennsylvania · 1822
3Cited by32 opinions
- Wiggins v. BlackshearTexas Supreme Court · 1894
- Stansell v. FlemingTexas Supreme Court · 1891
- Traders' & General Ins. Co. v. EmmertCourt of Appeals of Texas · 1934
- Durkee v. GunnSupreme Court of Kansas · 1889
- Roberts v. NunnCourt of Appeals of Texas · 1914
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