Ashby v. Shaw
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. Q-. W. Dunn, Judge. The contract set out in the answer did not make the-parties partners. Musser v. Brink, 68 Mo. 242; Donnell v. Mar she, 67 Mo. 170 ; WhitehiU v. Shickle, 43 Mo. 537. But even if the contract made them partners, yet the demand pleaded as a counter-claim is one that could be recovered in an action at law. Byrd v. Fox, 8 Mo.. 574. One item unadjusted between partners, can be settled in an action at law.
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Appeal from Clinton Circuit Court. — Hon. Q-. W. Dunn, Judge. The contract set out in the answer did not make the-parties partners. Musser v. Brink, 68 Mo. 242; Donnell v. Mar she, 67 Mo. 170 ; WhitehiU v. Shickle, 43 Mo. 537. But even if the contract made them partners, yet the demand pleaded as a counter-claim is one that could be recovered in an action at law. Byrd v. Fox, 8 Mo.. 574. One item unadjusted between partners, can be settled in an action at law. Buckner v. Beis, 34 Mo. 357; Bussell v. Grimes, 46-Mo. 410 ; Bethel v. Franklin, 57 Mo. 466; 41. Pa. St. 102 ; 56 Pa. St. 183 ; 30…
1Opinion of the Court
Ewing, C.
Plaintiff’ sold defendant certain land for $2,555, a part of which was paid, and this suit was instituted to recover the balance due amounting to $220. The material part of the defendant’s answer alleged that there was subsisting between plaintiff’ and defendant a written contract as follows:
“ April 10, 1877.
Article of agreement by and between ¥m. Shaw, of the first part, and J. L. Ashby, of the second part, all of Clinton county, Mo. Whereas, Wm. Shaw agrees to buy cattle at his own expense and furnish money for the same; also to furnish about 35 to 40 acres of land for one year,…
2Cases cited3 opinions
- Donnell v. HarsheSupreme Court of Missouri · 1877
- Dwinel v. StoneSupreme Judicial Court of Maine · 1849
- Musser v. BrinkSupreme Court of Missouri · 1878
3Cited by14 opinions
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- Missouri Bottlers' Ass'n v. FennertyMissouri Court of Appeals · 1899
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