98 Ga. 776 | Ga. | 1896
At the March term, 1894, of this court, it held that an action brought by Dr. Petrie against the administratrix ■of his deceased partner, Dr. Steedly, to recover back the wffiole of a premium which had been paid by the plaintiff to the defendant’s intestate for being taken into a partnership with the latter in his professional business as a physician, was not well founded. 94 Ga. 196. It appeared from the allegations of the declaration that the term of the partnership agreed upon between the two physicians was for
We deal with the case as if it had been originally brought against the administratrix and sureties, and was free from any difficulty or question as to parties. Granting that it was complete in this respect, we are of the opinion that the new declaration does not set forth a cause of action. It does allege that the representations made by Dr. Steedly as to the value of his practice and the income derived therefrom were untrue and had the ¡effect of deceiving Petrie, alleging further, that “Steedly’s practice was worth not half the sum represented.” And it also undertakes to apportion upon the time basis the one thousand dollars paid as a premium, the theory being that as the partnership was to last for two years, and had expired in about one eighth of that time, Petrie should recover seven1 eighths of the thousand dollars, viz: $875. It requires but little reflection to show that an apportionment upon this basis .would be
Judgment affirmed.