Wilson v. Lassen
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, County of San Francisco. Action tried by the Court, without a jury. The plaintiffs to maintain their action, set forth in their complaint and offered in evidence two executory agreements, the first between the plaintiffs, John Wilson and Joseph Palmer, and the defendant, Peter Lassen. The other is an alleged agreement between the plaintiffs and Lassen.
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Appeal from the District Court of the Fourth Judicial District, County of San Francisco. Action tried by the Court, without a jury. The plaintiffs to maintain their action, set forth in their complaint and offered in evidence two executory agreements, the first between the plaintiffs, John Wilson and Joseph Palmer, and the defendant, Peter Lassen. The other is an alleged agreement between the plaintiffs and Lassen. The first contract recites a partnership agreement for cultivating certain lands, and an undertaking upon the part of Lassen to convey to John Wilson and Palmer two-thirds thereof,…
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., concurred.
The contract set up in the complaint is a contract of partnership, and the bill should have been for dissolution of the partnership, an account, and a partition of the property. As it is the bill seeks nothing which a Court of Equity can properly grant. It cannot cancel the deed from Lassen to Gerke, because even if all the allegations of the bill are true, Gerke is substituted to certain rights of Lassen, and entitled to have them ascertained, and secured. Nor would any such action by the Court have any other effect than to renew litigation by producing more suits,…
2Cited by5 opinions
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