Jennings, Beale & Co. v. Beale

Citations

• 146 Pa. 125
• 23 A. 225
• 1892 Pa. LEXIS 1206

Syllabus

<p>(a-) An agreement in writing by the members of a limited partnership, contemporaneous with the execution of its articles for a fixed term, under the act of June 2, 1874, P. L. 271, provided that, subject to the control of the majority “in questions relating to the business,” a certain member should have special charge of the mills and manufacturing:</p> <p>1. Such provision was not inoperative, inter sese, under the provision of § 5 of said act directing annual meetings for. the annual election of managers, and it created a term of employment for the life of the partnership that could not be terminated by a vote of the majority in number and value of interests.</p> <p>2. The superintendent, employed under such contemporaneous agreement, though he tendered his resignation but withdrew it before it was accepted and thereafter held himself in readiness to perform his duties, was entitled to the salary attached to his employment, until the dissolution of the partnership.</p> <p>3. On a bill filed by the other members to restrain the superintendent from acting as such, and for damages for losses by his default, costs, counsel fees and expenses incurred by the defendant in independent litigation with the plaintiffs, are not a proper matter for damages, recoverable in addition to his salary.</p>