Harris v. Hirschfeld

McCOMB, J.,

pro

tem.

Plaintiff appeals from a judgment in favor of defendant B. W. Downs after the trial court sustained a demurrer to plaintiff’s complaint without leave to amend.

.'The complaint alleged that:

[205]

A.

Subsequent to June 20, 1934, plaintiff and defendant Hirschfeld conducted a business and manufactured cosmetics and other toilet articles pursuant to an agreement, which after providing for the advancement and repayment of a sum of money to plaintiff, read in part as follows:

“Both parties hereto agree to use and devote their best efforts and endeavors towards making a success of the business of manufacturing the products made by chemical process. It is understood that the

parties hereto shall share equally in all profits and losses of said business

and/or the manufacture of said products,

it being the intention of the parties hereto to engage in business as co-partners

under the name and Style of “H and H” Chemical Company.

Such partnership shall continue in full force and effect until dissolved

by operation of law or

mutual consent of the parties hereto.”

(Italics ours.)

B.

Defendants “entered into a conspiracy for the purpose of forcing the plaintiff to shut down and prevent the plaintiff from operating” the business which plaintiff and defendant Hirschfeld had theretofore conducted by causing defendant Hirschfeld to sever his association with plaintiff and to enter into business with defendant Downs. It is further alleged that “said acts were done by said defendants willfully, maliciously and fraudulently and with intent to damage the plaintiff” and that he was damaged thereby.