Strauss Bros. v. Pearlman

The only question raised in the case is whether the positive evidence of each and all of the partners composing the partnership of Strauss Brothers (the plaintiffs), to the effect that the copartnership had never received a letter alleged to have been written to them by the defendant, demanded a finding that no such letter was in fact received by them, and required a verdict in favor *87of the plaintiffs, instead of the verdict rendered, which was in favor of the defendant. It is uncontradieted in the record that on August 30, 1908, Pearlman entered into a written contract by which he undertook…