Chalfant v. Goldbeck

Citations

• 173 Pa. 354
• 34 A. 214
• 1896 Pa. LEXIS 707

Syllabus

<p>Contract — Limited partnership association — Waiver.</p> <p>Defendant sold to plaintiff part of his interest in a limited partnership association, conditional that if plaintiff were not elected a member and manager of the company within sixty days, he should reassign said interest to .defendant, who should thereupon refund the purchase money. Plaintiff, with the consent of all parties in interest, at once assumed control of the company, and continued to manage all its affairs, except signing checks, for seven months after the date of the assignment. He was not formally elected a member or manager. A part of the purchase money was represented by a note for sixty days which was paid by plaintiff at maturity without objection. During the time that plaintiff managed the affairs of the company he received $25.00 per week for his services. Plaintiff subsequently made a reassignment of the interest to defendant, and brought suit to recover the purchase money on the ground that he liad not been elected a member and manager as provided by the agreement. Held, that the question whether plaintiff and the other members of the association had not waived a formal election, was for the jury.</p>