Streeter & Riddell, Inc. v. Bacon

CONREY, P. J.

The plaintiff brought this action against William S. Bacon, W. F. James, and Frank P. Bacon, indi

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vidually and as partners doing business under the firm name of Bacon & James, to recover a balance due for merchandise sold and delivered to the defendants. From a judgment rendered in favor of the plaintiff, the defendant, Frank P. Bacon, appeals.

On the twenty-eighth day of August, 1918, and prior to the time when the account with plaintiff was opened, the defendants entered into an agreement which reads as follows:

“This agreement made and entered into this 28th day of August, 1918, by and between William S. Bacon and W. F. James, parties of the first part, and Frank P. Bacon, party of the second part, witnesseth: that

“Whereas, the parties of the first part are about to engage in the business of threshing beans and the operating of an outfit for the threshing of beans for hire; and

“Whereas, the above named W. F. James is now the owner of and in possession of a Yuba tractor and horses, harness and other equipment useful and usable in said business; and

“Whereas, the party of the second part has agreed to and is about to purchase one complete thresher, 8 wagons, 1 derrick outfit, nets, etc., 1 cook house, 1 set forks and tools; all at a cost to him not to exceed the sum of three thousand ($3,000) dollars; and

“Whereas, the parties of the first part are unable to furnish the necessary capital to pay the operating expenses, wages, etc., of carrying on said business, and the party of the second part is willing and has agreed to furnish such working capital.

“Now, therefore, in consideration of the premises, it is hereby mutually agreed by and between the parties hereto as follows:

“First: The parties of the first part agree to enter upon and engage in the business of threshing beans for hire, each of said parties to devote his time and best energies to the promotion of said business, and each to do that part of the work for which he may be best fitted, and to receive the daily wage for such work usually and customarily paid to employees therefor.