Hallett v. Cumston
Massachusetts Supreme Judicial Court
Bill in equity against the executors of the will of William Cumston, to recover a share of the net profits of a large and profitable business carried on by their testator as a manufacturer and seller of pianofortes. The defendants demurred on the ground that the plaintiff had a plain, adequate and complete remedy at common law. The case was reserved on bill and demurrer, by Wells, J., for the determination of the full court, and is stated in the opinion.
1Opinion of the CourtMorton, J.
The plaintiff’s bill alleges that he and William Cumston were partners in business from November 1852 until September 1854; that in September 1854 the partnership was dissolved; that the plaintiff then transferred his interest in the property of the firm to said Cumston and signed a paper by which his salary for the future was fixed at eighteen hundred dollars a year ; that it was then orally agreed that the paper fixing ms salary was a mere formal paper, and that the plaintiff should be paid one half of the net profits of the business as compensa' *33tian for his services; that he continued to…
2Cited by15 opinions
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- Noble v. Joseph Burnett Co.Massachusetts Supreme Judicial Court · 1911
- Elliott v. Murphy Timber Co.Oregon Supreme Court · 1926
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