Bergstrom v. Olson

The question presented is: Did defendant Olson buy a one-half interest in plaintiff Bergstrom’s going business for eleven thousand dollars, or, did defendant make a capital contribution of eleven thousand dollars to a new joint enterprise to which plaintiff contributed his going business?

In April, 1948, plaintiff was a sole proprietor, doing business under the name of Pioneer Roofing Company. On April 28, 1948, the plaintiff, Mr. Bergstrom,- and the defendant, Mr. Olson, signed a partnership agreement which provided, so far as is here material, as follows:

“A. Walter Olson has paid to Carl A.…