15 Thompson 436Ashe v. Webb (1919)
<p>1. PARTNERSHIP. No salary to partner in absence of agreement.</p> <p>Generally salaries will not be allowed to partners for services rendered in conducting the firm business without satisfactory proof of a contract therefor. (Post, p. —.)</p> <p>Cases cited and approved: Godfrey v. Templeton, 86 Tenn., 161; Street v. Thompson, 229 Ill., 613; Boisnot v. Wilson, 109 App..Div., 569.</p> <p>2. MASTER AND SERVANT. Employer’s salary proper expense charge under agreement giving employee share of profits.</p> <p>W,here owner of business, who had been drawing a salary from the profits of the business, entered into contract, giving employee certain percent, of profits for certain period, without stipulating as to whether owner was to draw salary, and where such employee knew that such salary was being drawn and amount thereof was being charged to expenses, and made no objection thereto, the amount of the salary so withdrawn will not be included in amount of profits, as basis for ascertaining portion thereof to which employee was entitled. (Post, p. —.)</p>
