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2 Pennyp. 404

Petry's Appeal

Supreme Court of Pennsylvania

Decided April 3, 1882

Supreme Court of Pennsylvania · decided 1882-04-03

1, for Philadelphia County. Bill in equity for an account by Nicholas Petry and Rollins M. Braithwait against August Geissel and John Bayha. After answer filed, denying the allegations of the bill, the case was referred to Hampton L. Carson, as master, who found the material facts substantially as follows: The complainants and defendants had been partners in the business of making and selling carnages under an agreement executed May 14th, 1867.

Decided 1882-04-03

— Per Curiam :

¶1We concur entirely in the decree of the Court below upon the master’s report. No bad faith in the appellees was pretended. The articles of dissolution gave them an unlimited discretion in settling with debtors. The firm had been in the habit of selling on credit. The appellees were equally interested with the appellants in all sales, and though the sale in question may have been an error, it was but an error in judgment, and it would be a *407harsh rule to apply to them, acting without compensation, to hold them responsible for such an error.

¶2Decree affirmed and appeal dismissed at the costs of the appellants.

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