Hentz v. Penna. Co.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 468 January Term 1889, Sup. Ct.; court below, No. 405 December Term 1887, C. P. No. 4. On December 21, 1887, J. Henry Hentz and Catharine Elliott, administrators of the estate of Jacob Hentz, deceased, brought suit against the Pennsylvania Company for Insurance on Lives and Granting of Annuities; and, on February 1,1888, by agreement filed, a case was stated for the opinion of the court, in…
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 468 January Term 1889, Sup. Ct.; court below, No. 405 December Term 1887, C. P. No. 4. On December 21, 1887, J. Henry Hentz and Catharine Elliott, administrators of the estate of Jacob Hentz, deceased, brought suit against the Pennsylvania Company for Insurance on Lives and Granting of Annuities; and, on February 1,1888, by agreement filed, a case was stated for the opinion of the court, in the nature of a special verdict, which exhibited the following facts: On February 19, 1856, James J. Van Syckel, and…
1Opinion of the Court
Opinion,
Mr. Justice McCollum :
The obligation of Van Syckel, under and by virtue of the agreement of February 19, 1856, was to pay over to HentZ'one fourth of the profits which he might realize by the sale of or by the revenue arising from his undivided one half of the land therein described. “ Profits,” says Mr. Lindley in his work on Partnership, page 8, “ are the excess of returns over advances ; the excess of what is obtained over the cost of obtaining it; ” and “ profits and net profits are, for all legal purposes, synonymous expressions.” It was not the intention of the parties to this…
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