Fogg v. Johnston
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. Wade Keyes. This bill was filed by William Johnston, the appellee, and alleged the following facts : That complainant, living in Dallas county, and owning a valuable tract of land in Mobile county on which he was desirous of erecting a steam saw-mill, and being totally unacquainted with mechanics and with that kind of business, was anxious to form a partnership for that purpose with some person who was skilled…
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Appeal from the Chancery Court at Mobile. Heard before the Hon. Wade Keyes. This bill was filed by William Johnston, the appellee, and alleged the following facts : That complainant, living in Dallas county, and owning a valuable tract of land in Mobile county on which he was desirous of erecting a steam saw-mill, and being totally unacquainted with mechanics and with that kind of business, was anxious to form a partnership for that purpose with some person who was skilled in machinery and fully competent to erect and carry on such a mill; that upon his wishes in this particular becoming…
1Opinion of the CourtRice, J.
Where there is fraud, imposition, misrepresentation or oppression, in the original agreement for the partnership, a court of equity has jurisdiction to decree its dissolution, during the term for which it was originally entered into, and to declare it void ah initio. A court of equity may, also, decree a dissolution of the partnership, for causes arising subsequently to the formation of the contract, founded upon the misconduct, or fraud, or violation of duty, of one partner; or on account of the inability, or incapacity of one partner to perform his obligations and duties, and to contribute…
2Cited by8 opinions
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- Knapp v. First Nat. Bank & Trust Co. of Oklahoma CityCourt of Appeals for the Tenth Circuit · 1946
- Fouse v. ShellyWest Virginia Supreme Court · 1908
- Holladay v. ElliottOregon Supreme Court · 1879
- Stein v. RobertsonSupreme Court of Alabama · 1857
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