Patterson v. Ware
Supreme Court of Alabama
Error to the Chancery Court of Talladega. The bill was filed by the defendant in error, for the settlement of a partnership in the purchase and sale of lands. The bill particularly sets out the lands purchased, and the price at which they were sold, and alledges that the defendants refuse to settle and account with him, &c. The prayer of the bill is for an account, &c.
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Error to the Chancery Court of Talladega. The bill was filed by the defendant in error, for the settlement of a partnership in the purchase and sale of lands. The bill particularly sets out the lands purchased, and the price at which they were sold, and alledges that the defendants refuse to settle and account with him, &c. The prayer of the bill is for an account, &c. The defendants, by their answers, deny the contract as stated in the bill, that is, that the parties were to be equally interested in the profits, but insist that the contract was, that each party was to be interested in the…
1Opinion of the Court
ORMOND, J.-'
At first we were disposed to think, that this case was within the statute of frauds, the agreement of the parties not being in writing. Upon the re-argument of the cause, the pleadings have been more particularly brought to our notice, and we are now satisfied, that the statute is not relied on by the,defendant, so as to be a bar to the relief sought. • The defendants plead the statute of frauds, to any relief upon the agreement set up in the bill, and then state what they assert to be the true contract of the parties, which they are now, and always have been willing to settle by.…
2Cases cited1 opinion
- Talbot v. BowenCourt of Appeals of Kentucky · 1819
3Cited by16 opinions
- Shakespeare v. AlbaSupreme Court of Alabama · 1884
- Cooper v. HornsbySupreme Court of Alabama · 1881
- Shannon v. WisdomSupreme Court of Alabama · 1911
- Bolling v. MunchusSupreme Court of Alabama · 1880
- Curran v. CurranIndiana Supreme Court · 1872
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