Mills v. Gray
Utah Supreme Court
Appeal from District Court, Fifth District; Hon. Joshua Greemoood, Judge. Action by David Mills against Abner Gray. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS.
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Appeal from District Court, Fifth District; Hon. Joshua Greemoood, Judge. Action by David Mills against Abner Gray. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS. In the case of Biddle v. Bamsey, 31 Mont. 386; 78 Pac. 597, the court said: “The individual interest of one partner in the firm assets can only be ascertained by a settlement of the partnership affairs." '* * * Such settlement can only be accomplished by an agreement of the partners or by an action in equity for an accounting and settling of their various interests. ’ ’ Sutherland on Pleadings and Practice of Forms,…
1Opinion of the CourtFrick, C. J.
The plaintiff, in substance, alleged in his complaint that he and the defendant, at a time stated, entered into an agreement to mine ores under a certain lease which had been entered into with the Gemini Mining Company in the name of the defendant ; that the plaintiff agreed to pay the defendant two-thirds of the expenses incurred in mining said ores under said lease, and that the defendant agreed to pay one-third thereof, and that the net proceeds derived from said ores were to be divided between them in that proportion; that the mining company under said lease was to ship, and that it did…
2Cases cited7 opinions
- McKinley v. WilliamsCourt of Appeals for the Eighth Circuit · 1896
- City of Findlay v. PertzCourt of Appeals for the Sixth Circuit · 1895
- Volker-Scowcroft Lumber Co. v. VanceUtah Supreme Court · 1909
- Wheeler v. ArnoldMichigan Supreme Court · 1874
- Pettingill v. JonesSupreme Court of Kansas · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kinsman v. Utah Gas & Coke Co.Utah Supreme Court · 1918
- Myer v. Preferred Credit, Inc.Harrison County Court of Common Pleas · 2001
- Bielenberg v. HigginsMontana Supreme Court · 1929
- Duncan v. Hemmelwright Et Ux.Utah Supreme Court · 1947
- House v. Sterling Fire Ins.Utah Supreme Court · 1919
7 more not listed; retrieve them via the Exa API.