99 Pa. 250 | Pa. | 1882
delivered the opinion of the court, January 2d 1882.
The counsel for the defendants below, plaintiffs in error, is not correct in his assertion that there was no evidence in this case tending to prove a partnership betAveen the defendants themselves, or with other parties. A. F. Randolph swears that Shafer told him that Gregg, Martin and Fisher were partners with hinself in this fanning mill adventure.
He furthermore repeats, that both Shafer and Martin informed him that they were in company Avith several other persons ; that upon his applying to Martin for his pay for the manufacture of the mills, he put him off until the first of April, as he thought, by that time Dunn would have sold mills enough to make the money for him, and that, upon a similar application to Fisher, he made the promise that he Avould pay his share as fast as returns came in from the sales of mills. Again, Jonathan Wetsel swears, that he went to Martin to hire one of the mills, and that his answer was, “ I do not Avant to hire them ; we have them to sell; I will sell you one for twenty dollars ancl will warrant the mill for four years, and it will pay for itself in that time.” Fisher, also, on the part of the defence, testifies as follows: “ Randolph came to me the time him and mo talked; he was by himself ; I told him I would not have any mills made faster than I could sell them; I had a little money invested in it, and was not going to invest any more; if ho made any to sell I would pay him my share, but nothing further.” Farther on, he says he supposed that Shafer and Martin were concerned as well as he. When this evidence is taken in connection with the admitted fact that the defendants, jointly with others, owned the patent for those mills, or separators, Ave cannot understand hoAv it can be truthfully said that there was no proof of partnership to go to the jury.
On the whole, we think the case was fairly submitted, and that the plaintiffs in error have nothing of which they can justly complain.
The judgment is affirmed.