Gould v. Kendall
Nebraska Supreme Court
Appeal by defendants from a decree of the district court of Lancaster county, Pound, J, presiding. The action was brought to settle án alleged partnership claimed to exist under the contract alluded to in the opinion.
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Appeal by defendants from a decree of the district court of Lancaster county, Pound, J, presiding. The action was brought to settle án alleged partnership claimed to exist under the contract alluded to in the opinion. This contract was as follows: “ Memoranda of agreement, executed in duplicate, made and entered into this fifth day of June, a.d. 1879, by and between Charles H. Gould and Thomas P. Kennard, of Lincoln, Nebraska, parties of the first part, and Kendall & Smith, a firm composed of N. B. Kendall and Charles D. Smith, doing business at Lincoln, Nebraska, party of the second part,…
1Opinion of the Court
Cobb, Ch. J.
I think this case might be designated a suit in equity for an accounting and damages, or it might be called an action o account at common law In either view the action is brought directly on the written contract set out and described in the petition, and for its breach. I do not think that the contract can be held to have created a partnership between the parties, even as between themselves. The object in construing a contract is to ascertain the intent of the parties when they executed it. The law will, when necessary, give a name to 'the relationship established between…
2Cases cited1 opinion
- Brooks v. MartinSupreme Court of the United States · 1864
3Cited by11 opinions
- Iams v. Farmers State BankNebraska Supreme Court · 1917
- Central Trust & Safe Deposit Co. v. RespassCourt of Appeals of Kentucky · 1902
- Storz & Iler v. FinklesteinNebraska Supreme Court · 1895
- Zetterlund v. Texas Land & Cattle Co.Nebraska Supreme Court · 1898
- Hobbie v. ZaepffelNebraska Supreme Court · 1885
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