Gaty v. Tyler
Missouri Court of Appeals
Appeal from the Henry Circuit Court. — Hon. James B. Gantt, Judge. (I) In an action by one partner against another, for an accounting, a claim for damages for the refusal of plaintiff to longer continue in partnership with defendant, cannot be adjudicated. (2) The articles of co-partnership fixed no limit to its existence. It was therefore determinable at the pleasure of either partner.
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Appeal from the Henry Circuit Court. — Hon. James B. Gantt, Judge. (I) In an action by one partner against another, for an accounting, a claim for damages for the refusal of plaintiff to longer continue in partnership with defendant, cannot be adjudicated. (2) The articles of co-partnership fixed no limit to its existence. It was therefore determinable at the pleasure of either partner. Fletcher v. Heed, 131 Mass. 312; Walker v. Whipple, 25 N. W. Rep. 472. (3) The decree should have been responsive to the pleadings. It does not appear upon what theory the court made its finding; no account…
1Opinion of the CourtEllison, J.
Plaintiff was engaged in the real-estate business and by written agreement, for a premium of five hundred dollars, he sold a one-half interest therein to the defendant. The duration of the partnership was not fixed or limited by the agreement. One month after its formation they disagreed as to the amount defendant should charge himself with on the partnership books as commission due the firm from a sale of defendant’s individual property and separated, plaintiff continuing to prosecute the business as before the partnership and defendant setting up for himself in a rival business. Plaintiff…
2Cases cited3 opinions
- Howell v. HarveySupreme Court of Arkansas · 1843
- Fletcher v. ReedMassachusetts Supreme Judicial Court · 1881
- McMahon v. McClernanWest Virginia Supreme Court · 1877
3Cited by4 opinions
- Downey v. McKeeMissouri Court of Appeals · 2007
- Baldwin v. WalserMissouri Court of Appeals · 1890
- Primm v. WhiteMissouri Court of Appeals · 1912
- Mulvey v. AndersonMissouri Court of Appeals · 1915