Hunt v. Reilly

Citations

• 50 Tex. 99

Syllabus

<p>1. Violation op articles op partnership.—An action lies for damages suffered by one party from a violation of articles of partnership by other parties to the partnership; and such liability is not discharged by the fact that the violation was occasioned by a suit and the issuance of an injunction against the parties from whose failure the damages resulted.</p> <p>2. Practice—Auditor.—An auditor should be applied for promptly, and a necessity therefor should appear in the pleadings. It is not error to refuse an application for an auditor, made when the case has been called, when the suit had been pending for two years and the pleadings showed no facts requiring the aid of an auditor.</p> <p>3. Damages.—Profits of the business are properly to be considered in estimating such damages.</p> <p>4. Damages.—See facts held insufficient to support a judgment for the amount rendered.</p>