Ford v. McBryde

Citations

• 45 Tex. 498

Syllabus

<p>1. Charge of court — Error in transcript. — Where, in the charge of the court, as copied in the transcript, the word “ than ” is used where “that” is required by the context, this court will not regard . the error as material.</p> <p>2. Same — Exceptions.—It is the duty of parties to ask additional instructions to supply any deficiency in the instructions as given by the court; and a party failing to do so has no right to complain of the action of the court, unless there was positive, error in the instructions given, or it appeared that he liad suffered injury from them.</p> <p>3. Partnership. — As between the parties forming a partnership, the executive or managing partner may bind himself, on a dissolution of tlie firm and settlement of its affair, to repay the capital advanced by the other partner, whether profits are made or not'.</p> <p>4. Same — Obligations of firm. — That one member of a firm raised money for use of the business upon a contract for a share of profits instead of interest, the party advancing the money not knowing that any other persons were interested in the business, does not release the other from liability; snch contract being within the scope of the authority of the member of the firm making the loan.</p>