Tutt v. Land
Supreme Court of Georgia
New trial. Auditor. Judgment. Exception. Partnership. Interest. Recoupment. Damages. Immaterial error. Before Judge Gibson. Richmond Superior Court. October Adjourned Term, 1872. Land filed his bill against Tutt alleging that complainant and defendant formed a copartnership in the drug business, in the city of Augusta, on July 1st, 1868, which continued until October 31st, 1870, the terms of which were reduced to writing.
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New trial. Auditor. Judgment. Exception. Partnership. Interest. Recoupment. Damages. Immaterial error. Before Judge Gibson. Richmond Superior Court. October Adjourned Term, 1872. Land filed his bill against Tutt alleging that complainant and defendant formed a copartnership in the drug business, in the city of Augusta, on July 1st, 1868, which continued until October 31st, 1870, the terms of which were reduced to writing. That complainant was to receive one-quarter of the profits and defendant three-quarters; that the defendant, at the dissolution, agreed to account with him for his share of…
1Opinion of the Court
Trippe, Judge.
1. No exceptions were certified by the Judge and entered of record, when the order appointing the auditor was granted. It was too late to raise the objection to the appointment, when *350the auditor proceeded to act under the authority conferred, or to make such objection the ground for excepting to his report: New Code, sections 4250, 4254.
2. The contract of partnership was, that one partner should furnish the stock of goods then on hand, and the other should render his skill, services, etc. It was further agreed that the first should have three-fourths of the net profits, and the…
2Cited by14 opinions
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- Moore v. . WestbrookSupreme Court of North Carolina · 1911
- Kennedy v. YostCourt of Chancery of Delaware · 1952
- Kennedy v. YostCourt of Chancery of Delaware · 1952
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