Shunk v. Shunk Mfg. Co.

This is an appeal on questions of law from a finding and judgment by the court, a jury having been waived, in favor of the defendant.

For many years plaintiff had been general manager of a partnership engaged in a manufacturing business in Bucyrus, Ohio. As of August 1, 1943, the partnership of which plaintiff was a member sold its business to another partnership consisting of new personnel (hereinafter referred to as the McGraw partnership). The sale included all the assets and goodwill of the partnership, including its name, Shunk Manufacturing Company, except the accounts receivable of the…