Summary
holding that a partnership was illegal where one partner was not licensed as a funeral director
Summary of this case from In re S a Restaurant Corp.Opinion
Gen. No. 41,389. (Abstract of Decision.)
Opinion filed January 22, 1941
PARTNERSHIP, § 2 — undertaking firm, one partner not licensed. In action for accounting, lower court improperly found that a partnership to engage in the undertaking business existed between plaintiff and defendant, where evidence showed that defendant was not a licensed embalmer or funeral director, yet he performed such services, and he could not contend that by buying an old established undertaking business he continued that partnership, so as not to require a license.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. PHILIP J. FINNEGAN, presiding.
Decree reversed and suit dismissed. Heard in third division, first district, this court at October term, 1940.
Kotin Gainer, for appellant;
James B. Cashin, of counsel;
Frederick W. Turner, Jr., and Avern B. Scolnik, for appellee;
Frederick W. Turner, Jr., of counsel.
"Not to be published in full." Opinion filed January 22, 1941.