White v. Fitzgerald
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This action was originally brought by John White against Maurice Fitzgerald, administrator of Garret M. Eitzgerald, deceased, and four persons, children and heirs-at-law of said Garrett, and one Mullen.
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APPEAL from the Circuit Court for Milwaukee County. This action was originally brought by John White against Maurice Fitzgerald, administrator of Garret M. Eitzgerald, deceased, and four persons, children and heirs-at-law of said Garrett, and one Mullen. The complaint alleges the following facts: In 1852, during the life-time of said Garrett, he and the plaintiff entered, under an oral agreement, into a partnership for the purchase and. sale of real estate in the county of Milwaukee. By said agreement the title to all of said lands was, for convenience merely, to be taken in the name of said…
1Opinion of the Court
By the Court,
Downer, J.
The only evidence of a partner; ship between John White and Garret M. Eitzgerald is the writing set out in the complaint. By this it appears that four different purchases of land were made, the title to which was taken in the name of Fitzgerald; in three of the purchases White was interested as half owner, in the other as owning one third. We think it insufficient to establish a partnership in the purchase and sale of real estate. We rather infer from it that at each purchase of land there was an agreement what interest each should have therein. Yiewing it solely in…
2Cases cited1 opinion
- Fisher v. FieldsCourt for the Trial of Impeachments and Correction of Errors · 1812
3Cited by8 opinions
- Goodrich v. City of MilwaukeeWisconsin Supreme Court · 1869
- Lannon v. HackettWisconsin Supreme Court · 1880
- Hannig v. MuellerWisconsin Supreme Court · 1892
- Bostwick v. Estate of DicksonWisconsin Supreme Court · 1886
- Perkins v. Burlington Land & Improvement Co.Wisconsin Supreme Court · 1902
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