Miller v. Hale
Missouri Court of Appeals
Appeal from Boone Circuit Court. — How. John A. Hockaday, Judge. (1) A partner or joint contractor who abandons the venture can not hold his co-partner- or co-contractor to an account, and the party performing is entitled to hold the entire proceeds for his own use. Henry v. •Bassett, 75'Mo. '89; Rhea v. Tathem, 1 Jones Eq. (N. Car.) 290; Johnson v. Bright, 15 111. 464; Grafton v. Paine, 7 App.
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Appeal from Boone Circuit Court. — How. John A. Hockaday, Judge. (1) A partner or joint contractor who abandons the venture can not hold his co-partner- or co-contractor to an account, and the party performing is entitled to hold the entire proceeds for his own use. Henry v. •Bassett, 75'Mo. '89; Rhea v. Tathem, 1 Jones Eq. (N. Car.) 290; Johnson v. Bright, 15 111. 464; Grafton v. Paine, 7 App. D. C. 255. (2) One partner is not entitled to an equal share of the profits of a contract, where he has precluded himself by his own act from participating in the duties of partnership. The…
1Opinion of the CourtEllison, J.
Plaintiff and defendant jointly entered into an agreement with Mrs. Moore and Mrs. St. Clair whereby they jointly undertook to do and perform the duties of architects in the erection and construction of a certain school building- in the City of Columbia, for which they were to receive as compensation four per cent of the cost of said building. Payments were made from time to time, some to plaintiff and others to defendant, but in the aggregate, those made to defendant were of much larger amount than those to plaintiff; so that defendant received more than one-half the whole sum due under the…
2Cases cited3 opinions
- Denver v. RoaneSupreme Court of the United States · 1879
- Henry v. BassettSupreme Court of Missouri · 1881
- Reily v. RussellSupreme Court of Missouri · 1864
3Cited by8 opinions
- Hoge v. GeorgeWyoming Supreme Court · 1921
- Kansas City v. LaRoseSupreme Court of Missouri · 1975
- Saletic v. StamnesWashington Supreme Court · 1958
- Olivier v. UlebergNorth Dakota Supreme Court · 1946
- Goodyear Tire & Rubber Co. v. WardMissouri Court of Appeals · 1917
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