Wetmore v. Crouch
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge., (1) The court erred in sustaining respondent’s demurrer to the evidence. The transaction was a joint venture in which, by express agreement, the loss if lany was to be shared equally between the parties, and, by implication of law, the profits, if any, were to be shared in like manner.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge., (1) The court erred in sustaining respondent’s demurrer to the evidence. The transaction was a joint venture in which, by express agreement, the loss if lany was to be shared equally between the parties, and, by implication of law, the profits, if any, were to be shared in like manner. Brigham v. Dana, 29 Yt. 1; Richards v. Grinnell, 63 la. 44; Whitcomb v. Converse, 119 Mass. 44. (2) Where parties engage in a joint venture, or become co-owners, but not partners within the legal definition of that term, their rights and…
1Opinion of the Court
VALLIANT, <L
This is an action begun April 17, 1894, to recover the value of the plaintiff’s share of the profits which she claims accrued in a venture entered into jointly by. herself and defendant.
The petition states substantially, that in 1888, at the proposal of defendant, plaintiff advanced him $250 to purchase upon their joint account a half interest in an option on certain real estate near the city of St. Louis, with the understanding ■and agreement that the profits and losses of the venture should be shared equally between them; that the purchase was made by defendant and afterward…
2Cases cited4 opinions
- Riley v. KershawSupreme Court of Missouri · 1873
- Swofford Bros. Dry Goods Co. v. GossMissouri Court of Appeals · 1896
- Wells v. Pacific RailroadSupreme Court of Missouri · 1864
- Wetmore v. CrouchMissouri Court of Appeals · 1893
3Cited by21 opinions
- Dolan v. DolanSupreme Court of Connecticut · 1928
- Hoge v. GeorgeWyoming Supreme Court · 1921
- Lind v. WebberNevada Supreme Court · 1913
- Morton ex rel. Richardson v. Supreme Council of the Royal LeagueMissouri Court of Appeals · 1903
- Vilter Mfg. Co. v. RolaffCourt of Appeals for the Eighth Circuit · 1940
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