McCulsky v. Klosterman
Oregon Supreme Court
Multnomah county: L. B. Stearns, Judge. Plaintiff appeals. This is a suit in equity for an accounting to enforce the rights of the plaintiff under a contract with the defendant, of which the following is a copy: “This agreement, made and entered into this 6th day of August, 1889, by and between John Klosterman and Alexander E. McCulsky, both of the city of Portland, county of Multnomah and state of Oregon, witnesseth: That whereas said John Klosterman has been and now is…
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Multnomah county: L. B. Stearns, Judge. Plaintiff appeals. This is a suit in equity for an accounting to enforce the rights of the plaintiff under a contract with the defendant, of which the following is a copy: “This agreement, made and entered into this 6th day of August, 1889, by and between John Klosterman and Alexander E. McCulsky, both of the city of Portland, county of Multnomah and state of Oregon, witnesseth: That whereas said John Klosterman has been and now is doing' business at Portland as a wholesale grocer under the firm name of Klosterman & Co.; and whereas the said A. E.…
1Opinion of the CourtLord, J.
— This suit is brought against the defendant partnership by the plaintiff, who was employed by them, but who furnished no part of the capital invested in the business upon the above agreement by which they stipulated that he should receive a sum equal to the one-third of the net profits of the business for the time specified. The controversy between them arises upon the construction to be given to the contract, the counsel for plaintiff claiming that it explains itself and needs no other interpretation, while those for the defendant insist that it was made with reference to a custom or usage,…
2Cases cited6 opinions
- Walker v. TuckerIllinois Supreme Court · 1873
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Lowber v. BangsSupreme Court of the United States · 1865
- Partridge v. The Insurance CompanySupreme Court of the United States · 1873
- Wilson v. . RandallNew York Court of Appeals · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Harrison v. BirrellOregon Supreme Court · 1911
- Pennsylvania Railroad v. NaiveTennessee Supreme Court · 1903
- Savage v. Salem Mills Co.Oregon Supreme Court · 1906
- Hurst v. Lake Co., Inc.Oregon Supreme Court · 1932
- Kramer v. GardnerSupreme Court of Minnesota · 1908
21 more not listed; retrieve them via the Exa API.