[Download] "Spencer Smith v. Frank Daniels" by Supreme Court of Idaho No. 10527 # Book PDF Kindle ePub Free
eBook details
- Title: Spencer Smith v. Frank Daniels
- Author : Supreme Court of Idaho No. 10527
- Release Date : January 25, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Plaintiff-respondent, Spencer Smith, commenced this action in the district court in May, 1968, alleging that there had been
a partnership in a grocery business at Rexburg, Idaho, between himself and defendant-appellant, Frank Daniels. Smith contended
that, under the alleged partnership agreement, he was entitled to a wage of $400 per month, plus fifty per cent of net profits
for the period during which he worked in furtherance of the partnership's business, plus an accounting and division of partnership
assets. Appellant answered that there had been no partnership and that respondent had been owed only a wage of $400 per month,
plus fifty per cent of net profits. After a trial on the merits the district court, sitting without a jury, found that there
had been no partnership between Daniels and Smith, that all of the $400 per month earned by Smith had been paid to him, that
$2,140.17 represented fifty per cent of the net profit of the business during Smith's tenure, and that the last sum was still
owed to Smith. Judgment was rendered accordingly. Daniels has appealed from that judgment; Smith has not. Daniels principle
contention is that the evidence fails to show any business profits upon which the trial court could make such a finding. The grocery business involved in this action was begun during the summer of 1966 as a partnership between Daniels and one
Bartley Stowell (not a party to this action). Respondent was hired at the commencement of this enterprise in late June or
early July. At that time Stowell and appellant agreed to pay respondent $400 plus fifty per cent of the "net profits" as a
wage.