Whitaker, Alexander & Bros. v. Bledsoe

Citations

• 34 Tex. 401

Syllabus

<p>1. Plaintiff sued the defendants on their note for $1000, dated November 24, 1806. Defendants admitted their execution of the note, but set up a written contract of partnership between themselves and the plaintiff, of the same date, and in which it was stated that the defendants had given to plaintiff their note for $1000, which he was to furnish in the adventure ; and defendants alleged that the note sued on was the same note thus referred to in the contemporaneous contract,.and that the partnership business resulted in a heavy loss, for half of which they reconvened against the plaintiif. Held, that the legal effect and' proper construction of the two instruments were matters for the determination of the court, andtshoulchnot have been submitted to the jury ;; and though the contract is vague as to the terms of the partnership,, yet the law must supply by implication what the rights and liabilities of the parties are.</p> <p>2. The contract being one of partnership, and involving numerous matters, of account set up by the defendants, an auditor should have been appointed, as prayed for by the defendants.</p>