Addams v. Tutton
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Schuylkill county. This was an action of covenant, brought August 18th 1857, by Alexander P. Tutton against Isaac Addams, for an alleged breach of the covenant contained in articles of copartnership between them.
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Error to tbe Common Pleas of Schuylkill county. This was an action of covenant, brought August 18th 1857, by Alexander P. Tutton against Isaac Addams, for an alleged breach of the covenant contained in articles of copartnership between them. Isaac Addams, the owner of a tract of timber-land in Union county, on the 10th of April 1855, entered into articles of co-partnership, under seal, with Alexander P. Tutton, for the term of, five years, under which Addams was to furnish seventeen-twenty-fourths of all the moneys to be invested in stock, wagons, trucks, chains, &c., necessary for carrying…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrje, C. J.
The two actions — account render and covenant for breach of the partnership contract — though they may practically overreach on each other at some points, have theoretically, different provinces. The wrongs sued for here could not be settled in the action of account. We have therefore to consider only whether the claim for damages for wrongfully dissolving the partnership, and for wrongful acts tending thereto, was properly tried.
Evidence was admitted that Addams had refused to pay the hands, and advised them to go and get employment…
2Cited by3 opinions
- McCollum v. CarlucciSupreme Court of Pennsylvania · 1903
- Rush Centre Creamery Co. v. HillisSuperior Court of Pennsylvania · 1897
- Kebart v. ArkinCourt of Appeals for the Third Circuit · 1916