Tomlinson v. Hammond
Supreme Court of Iowa
Appeal from the Cedar District Court. The plaintiff and the defendant, Hammond, were partners, under the name and the style of Hammond & Tomlinson. The defendant, Twitch, purchased the interest of Hammond, and the business was afterwards conducted in the name of Tomlinson & Co. Twitch bought out Tomlin-son, taking all the assets, and undertaking to pay all the debts of both firms.
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Appeal from the Cedar District Court. The plaintiff and the defendant, Hammond, were partners, under the name and the style of Hammond & Tomlinson. The defendant, Twitch, purchased the interest of Hammond, and the business was afterwards conducted in the name of Tomlinson & Co. Twitch bought out Tomlin-son, taking all the assets, and undertaking to pay all the debts of both firms. Some misunderstanding and difficulty after this arose between the parties, each charging the other with a failure to comply with his contract — the result of which was, that Tomlinson sued Twitch, and Twitch &…
1Opinion of the CourtWright, C. J.
The parties have submitted this case upon a very incomplete and confused record. The consequence is, that we have had great difficulty in apprehending many of the points made and positions assumed by counsel. And now, after the most careful examination, we are not fully satisfied that the conclusions to which we have arrived, are in all respects correct.
*42It is not our purpose to state at length the facts connected with this protracted litigation. We shall, as briefly as possible, submit our views upon the questions of law made, referring to the facts only so far as may be necessary.
Precisely…
2Cases cited1 opinion
- McKinney v. Western Stage Co.Supreme Court of Iowa · 1857
3Cited by13 opinions
- Kramer v. RebmanSupreme Court of Iowa · 1859
- First National Bank in Cedar Falls v. ClaySupreme Court of Iowa · 1942
- Vincent v. Germah InsuranceSupreme Court of Iowa · 1903
- Ames Canning Co. v. Dexter Seed Co.Supreme Court of Iowa · 1922
- Herkimer v. KeelerSupreme Court of Iowa · 1899
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