Martin v. Hurley
Missouri Court of Appeals
Appeal from the Henry Circuit Court.—lion. W. W. Graves, Judge. (1) The court erred in its construction of the contract offered in evidence. The word “profits” has a fixed and definite meaning, and as used in contracts means the net amount after deducting all losses, and any proper expense incident to the business.
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Appeal from the Henry Circuit Court.—lion. W. W. Graves, Judge. (1) The court erred in its construction of the contract offered in evidence. The word “profits” has a fixed and definite meaning, and as used in contracts means the net amount after deducting all losses, and any proper expense incident to the business. Story on Partnership, sec. 23; Lindley on Partnership, sec. 15; Robber Co. v. Goodyear, 9 Wall (U. S.) 988; Jones v. Davidson, 2 Sneed (Tenn.) 452; Ereeman v. Ereeman, 142 Mass. 102;’Euller v. Miller, 105 Mass. 108; Wallace v. Bebee, 12 Allen (Mass.) 354; Connelly v. Davidson, 15…
1Opinion of the CourtSmith, P. J.
Suit in equity. The allegations of the petition were as follows:
1. That on the seventeenth of September, 1898, the plaintiff and defendant entered into a certain contract which recited that the co-partnership entered into between them on the 5th day of August, 1895, was on August 5, 1898, dissolved. 2. That by the terms of the. said first referred *672to contract, the plaintiff sold all his interest in the partnership property, leal and personal, to the defendant. 3. That the real estate was to be inventoried at the value shown by the books of the partnership and the lumber at the prices named in…
2Cited by2 opinions
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