Matthews v. J. H. Luers Drug Co.
Supreme Court of Iowa
Appeal from Page District Court. — TIon. Walter I. Smith, Judge. Ti-ie petition alleged: That tibe plaintiff • and tlio ■defendant Luers-, who did business in the name of J. H. Inters Drug Company, agreed to engage in the business of painting houses, — Luers to furnish materials used, at a, fair profit, and Matthews to receive three dollars per day for supervising the work; the profits after the payment of these items, to be equally divided.
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Appeal from Page District Court. — TIon. Walter I. Smith, Judge. Ti-ie petition alleged: That tibe plaintiff • and tlio ■defendant Luers-, who did business in the name of J. H. Inters Drug Company, agreed to engage in the business of painting houses, — Luers to furnish materials used, at a, fair profit, and Matthews to receive three dollars per day for supervising the work; the profits after the payment of these items, to be equally divided. That in pursuance of such arrangement they entered into a contract in the name of Luers to do the painting on the State Hospital for the Insane at…
1Opinion of the CourtLadd, J.
1 It will be observed that the alleged agreement between the parties did not contemplate the sharing-of losses, and for this reason the action was not based on a partnership transaction. Ruddick v. Otis, 33 Iowa, 402. If it be conceded that the testimony of the plaintiff disclosed such a relation, no objection whatever was interposed to the trial of the issues in the law forum. The relief sought might be awarded in either, and the defendant, by failing to ask for the correction of the error, if any, in the proceedings, waived it. Code, section 3437. Knott v. Tincher, 39 Iowa, 628; Green v.…
2Cases cited7 opinions
- Kenosha Stove Co. v. SheddSupreme Court of Iowa · 1891
- Hunt & Co. v. HigmanSupreme Court of Iowa · 1886
- Ruddick v. Otis & SnowSupreme Court of Iowa · 1871
- Iowa Homestead Co. v. DuncombeSupreme Court of Iowa · 1879
- Green v. MarbleSupreme Court of Iowa · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Doyle v. BurnsSupreme Court of Iowa · 1904
- State v. WilsonSupreme Court of Iowa · 1913
- Joyner v. UtterbackSupreme Court of Iowa · 1923
- Fisher v. TrumbauerSupreme Court of Iowa · 1912
- Harvey v. KirtonSupreme Court of Iowa · 1917
4 more not listed; retrieve them via the Exa API.