{
  "id": 8697618,
  "name": "HENDERSON G. WEAVER vs. JAMES B. UPTON",
  "name_abbreviation": "Weaver v. Upton",
  "decision_date": "1847-08",
  "docket_number": "",
  "first_page": "460",
  "last_page": "462",
  "citations": [
    {
      "type": "nominative",
      "cite": "7 Ired. 460"
    },
    {
      "type": "official",
      "cite": "29 N.C. 460"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T18:47:24.590377+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "HENDERSON G. WEAVER vs. JAMES B. UPTON."
    ],
    "opinions": [
      {
        "text": "Daniel, J.\nWeaver and Upton, on the 16th of December, 1840, leased of one McKenzie a tract of land for three years to mine for gold; the rent was to be one sixth part of the gold, that should be obtained by the lessees. On the 27th of December, 1841, the lessees entered into the agreement under their seals, mentioned in the case. Upton was to work twenty hands, and Weaver four hands, \u201c bearing a proportionable part of the expense attached thereto. The said Upton, of the-first part, bargains and agrees to give me, the said Weaver, of the second part, four hundred and fifty dollars to manage the business, which I agree to manage according to the best of my judgment.\u201d It seems to us, that the agreement was one of partnership ; and the law being well settled, that the acting and business partner is never entitled to claim pay of the firm for his services, unless he stipulates for it in the articles of copartnership or otherwise 4 the parties therefore agreed, that Weaver should manage the business, and Upton, the other partner, agreed to give him $450 \u201cto manage the business.\u201d Weaver was to bear his proportion of the expense of managing and working the mine. The salary of the superintendent was a part of the expense of the firm. And the -firm ought, according to the true construction of the articles, to bear this expense in proportion to the number of hands each partner worked in the mine. The words \u201c The said Upton bargains and agrees to give me the said Weaver $450 to manage the business,\u201d only denoted the assent of Upton, that Weaver, although a partner, should be paid for his services $450. The parties were stipulating concerning the partnership business, and the terms on which it was to be carried on; and among others, that Upton bargained and agreed to let Weaver have $450 for his services that year. It seems to us, that it would be against j ustice and right, to construe the covenant to be an agreement by Upton, that he would pay that sum out of his own pocket. We think that it was an item in the expense account of the firm and that the firm should pay it.\nPnii Curiam. Judgment affirmed.",
        "type": "majority",
        "author": "Daniel, J."
      }
    ],
    "attorneys": [
      "Gaither, for tbe plaintiff.",
      "N. W, Woodjia, for tbe defendant."
    ],
    "corrections": "",
    "head_matter": "HENDERSON G. WEAVER vs. JAMES B. UPTON.\nWhere two partners entered into a covenant that one of them should receive a salary for managing the business; Held, that this salary must be paid out of the partnership funds.\nAppeal from the Superior Court of Law of Burke County, at tbe Spring Term 1846, his-Honor Judge Peak-son presiding.\nThis was an action of covenantthe breach assigned was the non-payment of $450.\nThe execution of the covenant was not denied and it was read in evidence. The defendant\u2019s counsel moved to-non-suit the plaintiff, upon the ground that the covenant amounted to an article of copartnership, and that the $450-, for the non-payment of which, the covenant was alleged to have been broken, was to be allowed out of the funds of the copartnership, and did not constitute such a demand as would support this action. The question was reserved. It was proven that the plaintiff had ceased to act as manager, some short time before the end of the year, by mutual consent; in consequence of which the jury, in assessing the damages upon the breach assigned, made a deduction from the $450- which was the amount of damages claimed. There was a verdict for the plaintiff subject to be set aside and a non-suit to be entered upon the question reserved.\nThe Court being of opinion with the defendant upon the question reserved, the verdict was set aside and a non-suit entered, from which the plaintiff appealed.\nThe following is the covenant referred to :\u25a0\n\u00ab STATE OF NORTH CAROLINA \u2014 Burke County \u2014 December 27th, 1841. James B. Upton and H. G. Weaver hereby enter into an article of agreement for the next year (1842.) James B. Upton, of the first part, hao the privilege of working twenty hands on \u201c the McKenzie mine,\u201d paying. the fifth part.of the gold that is made, for toll. H. G. Weaver, of the second part, has the privilege of putting in four hands at valuation, bearing a propor-tionable part of the expense attached thereto; the said Upton, of the first part, bargains and agrees to give me the said Weaver of the second part four hundred and fifty dollars to manage the business, which I agree to manage according to the best of my judgment, making true returns of all the gold made by me ; the mine is to be worked 'according to the lease. We make our Beals,\u201d &c. Signed aad sealed by James B. Upton and H. G. Weaver.\nGaither, for tbe plaintiff.\nN. W, Woodjia, for tbe defendant."
  },
  "file_name": "0460-01",
  "first_page_order": 468,
  "last_page_order": 470
}