Le Fevre v. Castagnio
Supreme Court of Colorado
Appeal from DisPriot Court of Ouray Comity. Castagnio brought this action for work done by himself, Collitto and Wensen (the two latter having assigned their claims for work to Castagnio), ag’ainst Moffett and Le Fevre as partners. A verdict was rendered in favor of the plaintiff in the district court, and judgment entered, from which Le Fevre appealed to this court.
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Appeal from DisPriot Court of Ouray Comity. Castagnio brought this action for work done by himself, Collitto and Wensen (the two latter having assigned their claims for work to Castagnio), ag’ainst Moffett and Le Fevre as partners. A verdict was rendered in favor of the plaintiff in the district court, and judgment entered, from which Le Fevre appealed to this court. The complaint alleged that in October, 1877, Le Fevre and Moffett were partners, working the Yankee Boy mine under lease, and while so working as partners, plaintiff and his assignors entered into a contract with Le Fevre and…
1Opinion of the CourtElbert, C. J.
This was an action brought by the appellee against the appellant and one Moffett, seeking to charge them as partners.
Moffett admitted and appellant denied the partnership. The written agreement between appellant and Moffett did not, in our opinion, constitute them partners either inter se or as to third parties. Prom the recitals of the agreement it is clear the parties themselves did not contemplate a partnership. Moffett had some time prior thereto leased the “ Yankee Boy ’’ mine for the purpose of working it, but was without the necessary means to work it to advantage. Eor the purpose of…
2Cases cited1 opinion
- Richardson v. . HughittNew York Court of Appeals · 1879
3Cited by8 opinions
- Gardner v. WesnerCourt of Appeals of Texas · 1932
- Chowning v. GrahamSupreme Court of Oklahoma · 1918
- Peterson v. BeggsCalifornia Court of Appeal · 1915
- Richardson v. KeelySupreme Court of Colorado · 1914
- Butler v. HinckleySupreme Court of Colorado · 1892
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