Delay v. Foster
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for' Kootenai County. Hon. R. N. Dunn, Judge. Action for damages for ouster of a partner from a partnership. Judgment for plaintiff. “An action at law by one partner against his copartner will not lie on the claim growing out of the partnership transactions until the business is wound up and the accounts finally settled.”
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APPEAL from the District Court of the Eighth Judicial District, for' Kootenai County. Hon. R. N. Dunn, Judge. Action for damages for ouster of a partner from a partnership. Judgment for plaintiff. “An action at law by one partner against his copartner will not lie on the claim growing out of the partnership transactions until the business is wound up and the accounts finally settled.” (20 R. C. L. 924; 30 Cyc. 461.) “Costs can be imposed and recovered only in eases where there is statutory authority therefor. ” (11 Cyc. 24; Bhodenbaugh v. Sting el, 31 Ida. 594, 174 Pae. 604.) “Where the cause…
1Opinion of the CourtRice, C. J.
The complaint alleged in substance that respondent and appellant entered into a partnership agreement for the purchase of certain cattle, the purchase price to be furnished by appellant. Respondent agreed to kill and market the animals, the profits after paying the necessary expenses to be equally divided between them; that pursuant to said agreement the cattle were purchased; that three of them were butchered by respondent, and the proceeds, with the exception of certain specified amounts, delivered to appellant; that appellant thereafter repudiated the partnership agreement, and…
2Cases cited7 opinions
- Karrick v. HannamanSupreme Court of the United States · 1897
- Frith v. ThomsonSupreme Court of Kansas · 1918
- Griffith v. MontandonIdaho Supreme Court · 1894
- Bechtel v. EvansIdaho Supreme Court · 1904
- Roseborough v. WhittingtonIdaho Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Pemberton v. Ladue Realty & Construction Co.Missouri Court of Appeals · 1944
- United States v. HoxieDistrict Court, D. Alaska · 1930