Pennsylvania Superior Court Reports Volume 28

Pennsylvania Superior Court Reports Volume 28

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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. 1912 edition. Excerpt: ... it difficult to determine whether the plaintiff and defendant were or had been partners in the real estate business, but it can benefit the defendant nothing to leave the statement of his claim of set-off thus indefinite. The averments of a set-off must be set forth by the defendant in his affidavit with the same clearness and particularity that are required of a plaintiff in his statement. The defendant states that his compensation for his services was to be equivalent to 349, (1905). Opinion of the Court. one half of the net profits, but he does not state that he was employed by the plaintiff, nor his actual relation to the business carried on. He does state that the plaintiff left Philadelphia in October, 1902, "leaving this deponent in charge of the offices of the concern and compelled to pay the rental thereof for about one year out of his own pocket." If this means anything, it is, that the defendant had absolute charge of the business in question, and that his relation to it was such that he was personally liable for its debts. This conclusion is confirmed by the further averment of the affidavit that, of the amount which the defendant paid for the office rent of the firm, one half only was chargeable to the plaintiff. The affidavit therefore discloses that this defendant was entitled to one half of the profits of the business and liable, as between the parties themselves, for one half of its debts; and in the absence of any allegations to the contrary the parties must be presumed to have been partners. There is no allegation that the business had ever been settled, and an unascertained balance alleged to be due fr0m0ne member of a firm to another upon the unsettled partnership account, is not available as a set-off in...
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Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236874129
  • 9781236874122