Daily v. Fitzgerald
New Mexico Supreme Court
Appeal from the District Court of Bernalillo Countj1'. Mr. Justice Parker, having passed upon one feature of the case in the court below, presented here by cross appeal, did not participate, and the canse was heard before Roberts, C. J., Hanna, J., and Raynolds, District Judge. Findings not sufficient to support the judgment. George on Partnership, p. 92. Mining partnerships are non-trading partnerships. 22 Am. & Eng. Ene.
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Appeal from the District Court of Bernalillo Countj1'. Mr. Justice Parker, having passed upon one feature of the case in the court below, presented here by cross appeal, did not participate, and the canse was heard before Roberts, C. J., Hanna, J., and Raynolds, District Judge. Findings not sufficient to support the judgment. George on Partnership, p. 92. Mining partnerships are non-trading partnerships. 22 Am. & Eng. Ene. L. (2nd ed.) 62; Jones v. Clark, 42 Cal. 180; Skillman v. Lachman, 23 Cal. 199; Charles v. Eshleman, 5 Colo. 107; Higgins v. Armstrong, 9 Colo. 38; Man-ville v. Parks, 7…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
1 The appellant contends that the findings of the trial court are not sufficient to support the judgment. The findings are set out in the statement of facts and it is not necessary to repeat them here. The appellant evidently proceeds upon the theory that if any doubt exists as to the meaning of the findings that doubt is to be resolved in his favor. He endeavors to create such doubt by combining and confusing the language of the sixth finding of fact that Fitzgerald had authority to make the contract with the first conclusion of law that this authority was…
2Cases cited5 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Duryea v. BurtCalifornia Supreme Court · 1865
- Cushing v. PiresCalifornia Supreme Court · 1899
- Skillman v. LachmanCalifornia Supreme Court · 1863
- Kuschel v. HunterCalifornia Supreme Court · 1897
3Cited by14 opinions
- Munsey v. Mills & GarittyTexas Supreme Court · 1926
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
- Springer v. WassonNew Mexico Supreme Court · 1919
- Hay v. New Mexico State Highway DepartmentNew Mexico Supreme Court · 1959
- James v. AndersonNew Mexico Supreme Court · 1935
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