Ball v. Britton

Citations

• 58 Tex. 57
• 1882 Tex. LEXIS 207

Syllabus

<p>1. Partnership —Duration of-—Wrongful ejection from—Measure of damages — Exemplary damages.— By the terms of a partnership agreement entered into by Ball & Britton in September, 1878, Britton was to furnish the money, and Ball was to superintend the erection of buildings and machinery for manufacturing and selling ice, and to superintend the operation of the business, the net profits to be divided equally. During the construction of the works Britton was to advance to Ball monthly §75, to be returned out of Ball’s share of the profits. Ball filed his petition alleging this agreement; that the construction was complete, and the works put in operation May 22, 1879, and operated until September 20, 1879¡ clearing §3,000 net profits, when Britton, by threats and force, ejected him from the business; that Ball’s services rendered were worth §10,000, and that he had only received §1,040; estimating the annual profits at §5,000, and claiming large damages, actual and exemplary. This petition was excepted to as showing no cause of action except for plaintiff’s share of profits, up to the dissolution, and this and other exceptions were sustained. Held:</p> <p>(1) That the agreement evidently contemplated the continuance of the partnership after, the repayment of the sums advanced, and that the petition stated a cause of action in the wrongful exclusion of Bali from the partnership business.</p> <p>(2) That the agreement having fixed no time for the duration of the partnership, the measure of damages for its wrongful dissolution by Britton would not be Ball’s share of the profits for any specific time, but would be the value of his services, skill, etc., in constructing the building and operating the partnership.</p> <p>(3) That an amended petition setting up no new basis for the suit, but enlarging the actual damages claimed, and claiming exemplary damages, did not set up a new cause of action.</p> <p>(4) See the opinion for remarks on the case made by the petition as one