[DOWNLOAD] "Fouchek v. Janicek" by Commonwealth Court of Pennsylvania ~ Book PDF Kindle ePub Free

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eBook details

• Title: Fouchek v. Janicek
• Author : Commonwealth Court of Pennsylvania
• Release Date : January 19, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Stephen J. Fouchek and Harry L. McBurnett, plaintiffs and appellants, allege that in 1946, they were copartners with Duane J. Janicek, defendant and respondent, doing business under the assumed firm name of Salem General Jobbing Company (hereinafter called the Salem Company). They claim that while that relationship subsisted, Janicek breached faith with them by turning to his personal account and profit a valuable business opportunity which properly belonged to the Salem Company. The transaction referred to springs from Janiceks alleged secret acceptance of an offer made to the partnership which carried the promise of $50,000 or more for the Companys use in buying war surplus supplies in a joint adventure arrangement wherein the Salem Company would be a party with an interest slightly in excess of fifty per cent. Janiceks espousal of the offer referred to (which we shall hereinafter call the Hickok offer) resulted in the formation of a joint adventure arrangement known as the Cascade Mercantile Co., Oregon, Ltd. (hereinafter called the Cascade Company) in which defendant owns a fifty-one per cent interest to the exclusion of plaintiffs. Plaintiffs pray that Janicek be decreed to hold two-thirds of his interest in the Cascade Company as a trustee for their use and benefit, and that he be required to account to them for all monies received by him in that capacity. Defendants answer denies any partnership relation with plaintiffs. Janicek admits, however that the parties made what he calls a tentative agreement whereby at a future time, following August 10, 1946, he would associate himself with them as a partner but denies that the arrangements for the formation of that partnership were ever completed. He also denies that he breached faith with plaintiffs. After trial the circuit court entered a decree

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