Vance v. Blair
Ohio Supreme Court
This is a writ of error to the Court of Common Pleas of Miami county. The action below was assumpsit, brought by the present plaintiffs against the defendant. The declaration was demurred to, the demurrer sustained, and judgment rendered against the plaintiffs; and this is the error complained of.
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This is a writ of error to the Court of Common Pleas of Miami county. The action below was assumpsit, brought by the present plaintiffs against the defendant. The declaration was demurred to, the demurrer sustained, and judgment rendered against the plaintiffs; and this is the error complained of. The declaration alleges, in substance, that on the 30th of July, 1838, the plaintiffs and defendant, together with David Cary and Ely Hyatt, entered into a written agreement, the purport of which was, that they should constitute a company, with equal interests and liabilities, for the purpose of…
1Opinion of the CourtCaldwell, J.
It is contended, on the part of the defendant, that the demurrer was properly sustained, because the declaration shows a case of partnership; and, therefore, the plaintiffs must seek their remedy in a court of chancery. We do not think the case made in the declaration, comes within the general rule that requires partners to seek redress, against each other, in chancery. No part of the object which induced the parties to enter into the contract, had been accomplished by them — no accounts made that required settlement. It is a suit brought solely to recover damages for a breach of the…
2Cited by7 opinions
- State ex rel. Ferguson v. MossSupreme Court of Missouri · 1879
- Adler v. WhitbeckOhio Supreme Court · 1886
- Gager v. A. W. ProutOhio Supreme Court · 1891
- Musser v. AdairOhio Supreme Court · 1896
- Ohio Farmers Insurance v. HardMedina County Court of Common Pleas · 1899
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