Legal Opinion

Jenkins v. Jenkins

Oregon Supreme Court

Decided June 3, 1913PublishedCited by 16 opinions

From Harney: Dalton Biggs, Judge. Statement by Mb. Justice Bean. Plaintiff, Jay Jenkins, brings this suit against Samuel F. Jenkins for an accounting and dissolution of a copartnership between plaintiff and defendant.

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From Harney: Dalton Biggs, Judge. Statement by Mb. Justice Bean. Plaintiff, Jay Jenkins, brings this suit against Samuel F. Jenkins for an accounting and dissolution of a copartnership between plaintiff and defendant. Defendant denies tbe partnership and alleges that plaintiff and defendant are brothers; that on the 29th day of June, 1911, without any consideration therefor, defendant executed and delivered to plaintiff a deed of conveyance of an undivided one-half interest in his farm consisting of one quarter section in Harney County, Oregon, and a bill of sale of an undivided one-half…

1Opinion of the CourtJustice Bean

No articles of partnership were executed. At the time of the execution of the instrument in question, plaintiff and defendant were so brotherly that it seemed that there was no necessity for any written agreement in regard thereto. Until after the etiquette of Chicago did not compare favorably with that of the backwoods Oregon ranch, plaintiff would have given defendant his money if he had needed it, and defendant would have conveyed to plaintiff title to all his land, if some excuse therefor had been shown. In short, the whole transaction was a family affair. Much of the evidence relates to…

2Cases cited5 opinions

  1. Todd v. GroveCourt of Appeals of Maryland · 1870
  2. Parrish v. ParrishOregon Supreme Court · 1898
  3. Culver v. RandleOregon Supreme Court · 1904
  4. Finlayson v. FinlaysonOregon Supreme Court · 1889
  5. Kroll v. CoachOregon Supreme Court · 1904

3Cited by16 opinions

  1. In Re the Estate of RandallIdaho Supreme Court · 1942
  2. Toomey v. MOORE ET UXOregon Supreme Court · 1958
  3. Hughes v. HelzerOregon Supreme Court · 1947
  4. Dahlhammer & Roelfs v. SchneiderOregon Supreme Court · 1953
  5. Rowe v. FreemanOregon Supreme Court · 1918

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