The English Reports Volume 5

The English Reports Volume 5

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...be a member of the partnership. That is a question--whether the share upon the retirement of Mr. Anderdon was to be divided equally among the remaining partners, or in such proportion as between these two partners the 132 profits had been before divided--whether equally, or in the proportion of two and one. Now, we find that the deed provides that nothing that should arise in consequence of the death of Mr. Anderdon should vary the proportions as they had existed before. Then, in addition to that, you have the mode in which the money upon the retirement of Mr. Anderdon was provided. It comes not in equal shares, but from the profits of the partnership which were confessedly in the proportion of two to one: you have that entirely fortifying the inference from the previous state of the shares. I do not find it in any part of the case asserted, with respect to this part of the question, that any special agreement was entered into between Mr. Brooke and Mr. Robley, varying the original terms upon which they stood. On the contrary, on looking at the judgment given by the very eminent Judge who decided this case below, he states that no evidence appears before him of any special contract to vary the natural course of dealing between the parties. In addition to this, you have the terms of the decretal order, for the decretal order says (and it was argued very ingeniously) that there was a new contract between the parties. I am not disposed to enquire very minutely whether it is a new contract or a new partnership; but if the trade was to be carried on upon the same terms as before, then it is a dispute about words. Whether it is the old partnership or not, substantially it is the same thing. What is the decretal order 1 The learned Judge arrives...show more

Product details

  • Paperback
  • 189 x 246 x 54mm | 1,905g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236594932
  • 9781236594938