Grace v. Newbre
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint alleges that the parties, haying had mutual dealings in the purchase and sale of gas tar, etc., had a mutual accounting in respect to such dealings on the 22d of July, 1869, upon which, the account between them was stated, and a balance of $2,626 was found to be due to the plaintiff from the defendant on final adjustment thereof; that on the 15th of August, 1869, the defendant paid the plaintiff $1,000, on…
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APPEAL from the Circuit Court for Milwaukee County. The complaint alleges that the parties, haying had mutual dealings in the purchase and sale of gas tar, etc., had a mutual accounting in respect to such dealings on the 22d of July, 1869, upon which, the account between them was stated, and a balance of $2,626 was found to be due to the plaintiff from the defendant on final adjustment thereof; that on the 15th of August, 1869, the defendant paid the plaintiff $1,000, on account of such balance; and that, in stating said account, there was an error of something oyer one thousand dollars, made…
1Opinion of the CourtLyon, J.
We are of the opinion that the defendant should have been allowed to show that the account in the partnership books contained errors, and that items were omitted from it which ought to have been included in it; which errors and omissions were against the defendant.
*24On tbe principle tbat be wbo asks equity must do equity, tbe plaintiff cannot be allowed to open tbe account and surcharge it, by reason of errors committed against bis interest, without at tbe same time being held to corrections of tbe account where errors have intervened in stating it, which are in bis favor and against tbe…
2Cases cited1 opinion
- Willard v. GilesWisconsin Supreme Court · 1869
3Cited by2 opinions
- Rock v. CollinsWisconsin Supreme Court · 1898
- Thorn v. SmithWisconsin Supreme Court · 1888