De Voin v. De Voin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oneida County. Previous to January, 1888, the parties were partners in a mercantile business at Rhinelander.
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APPEAL from the Circuit Court for Oneida County. Previous to January, 1888, the parties were partners in a mercantile business at Rhinelander. At that date they dissolved their copartnership, and thereupon entered into a contract in writing, under seal, in and by which the plaintiff purchased of defendant all his interest “ in the personal property, bills receivable, and all timber lands” of the firm, and agreed to pay the latter $1,450 therefor, and also to pay all indebtedness of the firm except a certain mortgage debt therein specified. The writing contains other covenants concerning…
1Opinion of the CourtLyoN, J.
I. There seems no reason to doubt that the plaintiff paid the defendant $1,450 for the interest of the latter in the partnership property and business, in the erroneous belief that the firm indebtedness was only $6,600. The complaint alleges, and the testimony tends to prove, that when the attention of defendant was called to the fact that there was a mistake in the computation of the firm liabilities which, when corrected, would reduce the value of his interest in the firm property $500, he promised to repay the plaintiff that sum. If the plaintiff made the purchase on the faith of the…
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- Gilmore v. RobertsWisconsin Supreme Court · 1891
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