Rule v. McGregor
Supreme Court of Iowa
Appeal from Crawford District Court. — Hon. S. M. Elwood, Judge. The plaintiff first sued defendant for an accounting of partnership transaction in the operation of the latter’s farm, and afterwards began an action at law for the recovery of items independent of such partnership. Issues were joined, and in the law action defendant, by way of counter claim, demanded judgment for the amount due on three notes.
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Appeal from Crawford District Court. — Hon. S. M. Elwood, Judge. The plaintiff first sued defendant for an accounting of partnership transaction in the operation of the latter’s farm, and afterwards began an action at law for the recovery of items independent of such partnership. Issues were joined, and in the law action defendant, by way of counter claim, demanded judgment for the amount due on three notes. By agreement the suits were consolidated, and trial had as in equity. From judgment in plaintiff’s favor, defendant appeal's. —
1Opinion of the Court
Ladd, O. J. —
*4211 2 *420The plaintiff moved on defendant’s farm, of 240 acres, March 2, 1897, and continued there one year, *421This was under an oral agreement that the profits should be equally divided; the plaintiff to furnish necessary means, to be returned to him from the common property, with interest at the rate of 8 per cent, per annum, and the plaintiff to manage the farm. Whether plaintiff was to do all the farm work, or merely furnish the labor of his two sons is in dispute; but we are inclined to take the latter view, and he should be allowed in the accounting the amount paid for extra help.…
2Cases cited7 opinions
- Myers v. . BurnsNew York Court of Appeals · 1866
- Shoemaker v. AckerCalifornia Supreme Court · 1897
- Hichhorn, Mack & Co. v. BradleySupreme Court of Iowa · 1902
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- Gibson v. FischerSupreme Court of Iowa · 1885
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