40 Minn. 379 | Minn. | 1889
All the questions involved in this appeal arise under the fourth of the articles of copartnership between the parties, and particularly under the provision by which the defendants guarantied that plaintiff’s share of the profits would amount to at least $5,000 a year. Really, the only issue of fact was whether these articles had been subsequently altered by parol by substituting for this guaranty another, — that plaintiff’s capital should stand at and not
The further claim is made that the amount due him for deficiency in the profits of 1881 was barred by the statute of limitations, on the theory that the right of action for it accrued January 1, 1882, while this action was not commenced until January 7, 1888. This position is utterly untenable. Whatever plaintiff had invested in the business, whether original capital or accrued profits, was in as capital in the partnership, and the statute of limitations against his right to re
There was no error in the court’s allowing interest on these yearly balances, as this was expressly provided for in the articles themselves. The first and second assignments of error are so clearly without merit as not to require discussion.
Order affirmed.