Excerpt from Business Law Case Method, Vol. 7: A Systematic Non-Technical Treatment of Business Law in Story and Case Form

Louis Adcock, owner of a plumbing business, had in his employ Nels Johnson. Adcock made this offer to Johnson: Johnson should put $1,000 in the business for which he should receive one third of the profits and an increase in salary to $150 a month; also he was to be foreman on all jobs. The contract was drawn for five years. Johnson accepted this offer and began to work upon this basis. Soon after, while engaged in a plumbing construction, Howard Baker, an employees, was severely injured. He brought suit for damages against both Adcock and Johnson, as partners. Johnson maintained in defense that he was acting only as an agent, and since there was no carelessness on his part, he was not liable. Liability depends upon whether Johnson is an agent or a partner, as determined by his contract with Adcock.

Phillips vs. Phillips, Volume 49 Illinois Reports, Page 437.

About twenty years before the bringing of this suit, John Phillips, with his family, moved from Scotland to this country. At the time he was a very poor man. He was a wood turner and made a very humble beginning in that trade when he arrived in American. He had four sons, all of whom worked with him in his business. Him business prospered and he eventually became a very wealthy man.

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