In this case, concerning the enforceability of an oral agreement to form a partnership, the question arose whether the deposition of a nonparty witness could be read into evidence where that witness refused to appear in court to testify despite a court order to do so.
The facts are these: Abraham Padrusch, a nonparty witness, was deposed by the plaintiffs. Then, during the trial, Padrusch was subpoenaed by the plaintiffs to testify...
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