Barry

Plaintiff brought this action to recover the sum of $13,500 damages for a breach of contract. Defendants had judgment on demurrer, and the plaintiff appeals. The breached contract is an exhibit to the complaint. It is an agreement by Barry, Handlin, and Barton to form a copartnership. Handlin and Barton were to advance the sum of $10,000 for the purchase of a wall-paper business and were to constitute the copartnership until the plaintiff under the terms of the contract had secured an equal interest therein as a copartner. The plaintiff was to be manager of the business and receive $150 per month and to be credited with a third interest in the profits as hereafter stated. This third interest in the profits was to be carried on the books as the “Barry Reserve Fund.” It was provided that when this fund amounted to $3,333.33 one-half of this fund should be paid to Handlin and one-half to Barton and thereupon the partnership should be composed of Barton, Handlin and Barry. The contract was entered into on the second day of June, 1919, and on the fourth day of October, 1919, the plaintiff was discharged and his further participation in the business was prevented by the defendants. ■…