Legal Opinion

Burks v. Parker

Supreme Court of Alabama

Decided April 8, 1915PublishedCited by 10 opinions

Appeal from Coosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by T. M. Burks against J. M. Parker to settle a partnership. Decree for respondent and complainant appeals.

1Opinion of the CourtGardner, J.

The bill in this case was filed by the appellant against the appellee for the settlement of a partnership. The answer sets up the defense that a final settlement of the partnership had been made. The complainant seems to insist in his testimony that the settlement referred to by the respondent was but a division of the assets on hand, and not a settlement of the partnership business. From a decree dismissing the bill, complainant prosecutes this appeal.

(1, 2) “When parties who are sui juris make a final settlement between themselves, such settlement is as binding on them in many respects as a…

2Cases cited1 opinion

  1. Scheuer v. BerringerSupreme Court of Alabama · 1893

3Cited by10 opinions

  1. Oaks v. City of Fairhope, Ala.District Court, S.D. Alabama · 1981
  2. Nero v. ChastangCourt of Civil Appeals of Alabama · 1978
  3. Ex Parte HealthSouth Corp.Supreme Court of Alabama · 2007
  4. Coaker v. Washington County Bd. of Educ.Court of Civil Appeals of Alabama · 1993
  5. BILLY BARNES ENTERPRISES, INC. v. WilliamsSupreme Court of Alabama · 2007

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