Legal Opinion

Young v. Hoglan

California Supreme Court

Decided July 1, 1877No. 5720PublishedCited by 4 opinions

Appeal from the District Court, Eighth Judicial District, County of Humboldt. Rogers and Powell were partners in a band of 2,700 sheep, and their partnership accounts, as well as the accounts of the partnership with third persons, were in an unsettled state. Powell sold the defendant here 1,200 head of the sheep for $3,000, $1,500 of which the defendant paid.

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Appeal from the District Court, Eighth Judicial District, County of Humboldt. Rogers and Powell were partners in a band of 2,700 sheep, and their partnership accounts, as well as the accounts of the partnership with third persons, were in an unsettled state. Powell sold the defendant here 1,200 head of the sheep for $3,000, $1,500 of which the defendant paid. Hoglan then sold 600 of the sheep to Rogers for $1,575, and it was agreed between the three that Rogers and Powell would settle their partnership accounts, and that if Powell owed Rogers on said settlement, Powell would take Rogers as…

1Opinion of the Court

and who were called into the case in the District Court after the agreement and order of reference, agreed that the liability of defendant depended entirely upon the result of a settlement between Powell and Rogers, and that such settlement, and the ascertainment thereby as to whether defendant was liable at all, and if so, to what extent, was a condition precedent to any right of action which plaintiffs might have against defendant, and cited Tipton v. Feitner, 20 N. Y. 425; Stow v. Wadley, 8 Johns. *468124; Hyde v. Boston and Bane Co. 21 Pick. 90. They also argued that the agreement between…

2Cases cited2 opinions

  1. Borkheim v. North British & Mercantile Insurance Co.California Supreme Court · 1869
  2. Stow v. WadleyNew York Supreme Court · 1811

3Cited by4 opinions

  1. Mitau v. RoddanCalifornia Supreme Court · 1906
  2. Rudnick v. DelfinoCalifornia Court of Appeal · 1956
  3. Wright v. WardCalifornia Supreme Court · 1884
  4. Dryden v. SewellDistrict Court, D. Alaska · 1904

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