Hobart v. Ballard
Supreme Court of Iowa
Appeal from Johnson District Cov/rt. Plaintiee alleges that he formed a partnership with defendant in the publication, at Iowa City, of the Daily and Weekly Tribune, and that defendant has excluded him from a participation in the business' of the partnership. He prays a dissolution of the partnership, the appointment of a receiver, and the issuance of an injunction, restraining a sale or incumbrance of the partnership property.
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Appeal from Johnson District Cov/rt. Plaintiee alleges that he formed a partnership with defendant in the publication, at Iowa City, of the Daily and Weekly Tribune, and that defendant has excluded him from a participation in the business' of the partnership. He prays a dissolution of the partnership, the appointment of a receiver, and the issuance of an injunction, restraining a sale or incumbrance of the partnership property. Upon the hearing, a receiver was appointed' and an injunction granted as prayed. The defendant appeals. The necessary facts are stated in the opinion.
1Opinion of the Court
Day, Oh. J.
— Upon the trial, from the evidence presented the court found certain facts, which are fully sustained by *522the evidence, and are made the basis of this opinion. These facts are as follows :
1st. “ On the 8th day of August, 1870, the plaintiff and defendant entered into a contract by which the plaintiff agreed to purchase of the defendant the one-half of the printing establishment in question for the sum of $2,000— $1,500 in cash, and the balance by note, executed by the wife of plaintiff herein.”
2d. “ The purchase was to be in the name of plaintiff’s wife. This was afterward…
2Cited by3 opinions
- Irwin v. EversonSupreme Court of Alabama · 1891
- Wood v. WoodWest Virginia Supreme Court · 1901
- Holgate v. DownerWyoming Supreme Court · 1899