McColgan

Plaintiff sued as the surviving partner of the partnership known as “Daniel A. McColgan”. The suit was upon a written contract for the payment of money. Plaintiff had judgment for $2,298.36’ The defendant appeals upon typewritten transcripts.

In the month of May, 1919, defendant became involved in litigation over certain real property. Pending the litigation claims of certain creditors of defendant’s husband were asserted and defendant deemed it advisable to adjust these claims prior to the termination of the litigation. For this purpose she entered into a written contract with the McColgans (which will hereafter be referred to as the partnership) whereby it agreed to pay to defendant one-twelfth of any money found necessary to settle with the said creditors not exceeding $500, and defendant agreed to pay to the partnership in the event of a compromise of the pending litigation one-sixth of all moneys received in- settlement. Thereafter a supplemental contract was executed at which time the partnership paid to the defendant $500 under the terms and conditions of the first contract. The litigation was settled for $18,500 after the creditors’ claims had been adjusted in the amount…