Ingham Lumber Co. v. Ingersoll
Supreme Court of Arkansas
Appeal from Polk Circuit Court; James S. Steel, Judge, 1. One partner may sue in the name of himself and co-partners without their consent; but if he does against their consent, he must indemnify them against costs. Lindley on Partnership, p. 473; 30 Cyc. 565 and cases cited. 2. If there was no fraud, Cobb had the right to dismiss the cause, as much so as Ingersoll had to bring it. Lindley on Part. p. 473- 3. Instruction 4 should have been given.
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Appeal from Polk Circuit Court; James S. Steel, Judge, 1. One partner may sue in the name of himself and co-partners without their consent; but if he does against their consent, he must indemnify them against costs. Lindley on Partnership, p. 473; 30 Cyc. 565 and cases cited. 2. If there was no fraud, Cobb had the right to dismiss the cause, as much so as Ingersoll had to bring it. Lindley on Part. p. 473- 3. Instruction 4 should have been given. The judgment represents the profits, and the profits belong equally to the two partners. 4. Instruction 2 should have been given, for the burden was…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by Ingersoll & Company, the. plaintiffs below, against the Ingham Lumber Company, to recover damages for an alleged breach of contract. On September 16, 1907, the parties entered into a written contract' whereby the defendant employed the plaintiffs to cut and manufacture into lumber all the timber on about 880' acres of land owned by the defendant, and agreed to pay certain named prices 'for the different grades of lumber so manufactured by the plaintiffs. The defendant furnished the mill for saiwing the timber, and the .plaintiffs made all their preparations…
2Cases cited13 opinions
- Jones v. AndersonSupreme Court of Alabama · 1886
- Liston v. Chapman & Dewey Land Co.Supreme Court of Arkansas · 1905
- Eastern Arkansas Hedge Fence Co. v. TannerSupreme Court of Arkansas · 1899
- Cunningham v. CarpenterSupreme Court of Alabama · 1846
- Vinal v. West Virginia Oil & Oil Land Co.Supreme Court of the United States · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Dupree v. Twin City BankSupreme Court of Arkansas · 1989
- Williams v. Pacific Surety Co.Oregon Supreme Court · 1912
- Stacy v. WilliamsCourt of Appeals of Arkansas · 1992
- City of Allegan v. VonasekMichigan Supreme Court · 1932
- Reliance Life Insurance Co. v. ThayerSupreme Court of Oklahoma · 1921
22 more not listed; retrieve them via the Exa API.