Wallace v. Berger
Supreme Court of Iowa
Appeal from Madison District Court. Bill to settle and recover a balance claimed to be due under an agreement of partnership entered into in 1855. The partnership is denied in the answer, and the question of fact was referred to John A. Pitzer and others, who found in favor of complainant.
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Appeal from Madison District Court. Bill to settle and recover a balance claimed to be due under an agreement of partnership entered into in 1855. The partnership is denied in the answer, and the question of fact was referred to John A. Pitzer and others, who found in favor of complainant. This finding was affirmed by the court below, and the accounts submitted to other referees, who found for complainant the sum of $2,720, with interest from the commencement of the action, December 26, 1856. From the decree and proceedings respondent appeals.
1Opinion of the CourtWright, J.
Did a partnership exist, is the question most warmly contested by these parties. There was no written agreement. Complainant insists, however, that in July or August, 1855, they made a verbal agreement, by which he purchased the one-half of respondents’ interest in a certain steam saw mill, and after that, was to be equally interested in, and liable for, all profits and losses. Bearing upon this point, there is an immense amount of testimony. This, on the part of complainant, consists of repeated de*184durations and admissions of respondent that a partnership did exist,— his own testimony going…
2Cited by4 opinions
- Meyer v. GotsdinerSupreme Court of Iowa · 1929
- Standard Oil Co. v. Stubbs-Auckland Oil Co.Supreme Court of Iowa · 1936
- Krause v. RedmanSupreme Court of Iowa · 1907
- Raymond v. CoxNew Jersey Court of Chancery · 1888