Garr v. Redman
California Supreme Court
Appeal from the District Court of the Third Judicial District. County of Santa Clara. The plaintiff filed his bill for a settlement and account against J. W. Redman and G. E. Brittain, setting forth in his complaint a contract of partnership, made between the parties in the State of Missouri, to the performance of the conditions of which the parties bind themselves in the penal sum of $50,000, and which recites that the plaintiff had made a certain advance of money for the…
Read the full summary
Appeal from the District Court of the Third Judicial District. County of Santa Clara. The plaintiff filed his bill for a settlement and account against J. W. Redman and G. E. Brittain, setting forth in his complaint a contract of partnership, made between the parties in the State of Missouri, to the performance of the conditions of which the parties bind themselves in the penal sum of $50,000, and which recites that the plaintiff had made a certain advance of money for the outfit of defendants to enable them to come to California, in consideration of which the plaintiff was to have one-third…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Heydenfeldt.
Mr. Chief Justice Murray and Mr. Justice Terry concurred.
The Court erred in sustaining the demurrer to the bill of complaint.
It was properly filed for an account, whether the parties were technically partners or not. The character of the contract set out in the bill made an account necessary to determine their respective rights.
Nor is there any misjoinder of causes of action. The claim which, it is urged, is single against one of the defendants, forms part of the same subject matter, arising as it does out of the joint contract.
2Cited by4 opinions
- Ex parte State Bar Ass'nSupreme Court of Alabama · 1890
- Petrie v. TorrentMichigan Supreme Court · 1891
- Butler v. Union Trust Co.California Supreme Court · 1918
- Mitchell v. O'NealeNevada Supreme Court · 1868