Durant v. Rhener
Supreme Court of Minnesota
Action brought in the district court for Washington county,, for a dissolution of a partnership alleged to consist of plaintiffs and defendant, and for an accounting by defendant.. The defendant denied the partnership.
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Action brought in the district court for Washington county,, for a dissolution of a partnership alleged to consist of plaintiffs and defendant, and for an accounting by defendant.. The defendant denied the partnership. The referee before-whom the case was tried found the following facts as to the formation of the partnership: On January 20, 1878, that day being Sunday, the plaintiffs (who were partners as Durant, Wheeler & Co.) and the defendant verbally agreed on the terms of a contract as follows: “That Durant, Wheeler & Co. and the defendant should put up a large quantity of ice, for sale…
1Opinion of the CourtBerry, J.
Unless the plaintiffs can establish the formation of the alleged partnership between themselves and the defendant, they cannot maintain this action. The finding, of the referee, who tried the case below, is in effect that the arrangement made on Sunday, between the parties to this action, was not a complete agreement for the formation of a partnership in prcesenti, but an agreement upon the terms of a partnership to be formed in futuro; and that a partnership having been formed on a subsequent secular day, its formation is not invalidated by the fact that it w'as consummated in accordance…
2Cited by3 opinions
- Kennedy v. LonabaughWyoming Supreme Court · 1911
- McCabe v. SinclairNew Jersey Court of Chancery · 1904
- Van Hoven v. IrishU.S. Circuit Court for the District of Minnesota · 1882