Lay v. Emery
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Templeton, J. Suit by George D. Lay against Lewis Emery, Jr. Judgment for plaintiff. Defendant appeals. Under the contract between the parties, Lay had exclusive management of the business, Emery being engaged with large interests in the East, was unable to give any personal attention to the farm.
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Appeal from District Court, Grand Forks County; Templeton, J. Suit by George D. Lay against Lewis Emery, Jr. Judgment for plaintiff. Defendant appeals. Under the contract between the parties, Lay had exclusive management of the business, Emery being engaged with large interests in the East, was unable to give any personal attention to the farm. Lay bound himself by contract to keep accurate accounts and to make yearly reports, he to have $1,200 as compensation for his services, to be considered and accounted for as part of the operating expense of the farm, all profits, in each year, up to…
1Opinion of the CourtYoung, J.
This is an action for an accounting between partners. It comes to us for trial anew upon defendant’s appeal from a judgment rendered against him in the court below. The case calls for a final adjustment of-accounts, arising out of the operation by them of a large wheat farm, and covering a period of five years. In the latter part of 1889 the defendant, Emery, who was then the owner of a tract of farming land situated in Grand Forks county, consisting of about 3,250 acres, which'was fully equipped with horses, *518mules, cattle, machinery, feed, and provisions, including seed grain, necessary for…
2Cases cited6 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Little v. LittleNorth Dakota Supreme Court · 1891
- Redfield v. GleasonSupreme Court of Vermont · 1888
- Leighton v. HosmerSupreme Court of Iowa · 1874
- Stretch v. TalmadgeCalifornia Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Foster v. DwireNorth Dakota Supreme Court · 1924
- Wallner v. SchmitzSupreme Court of Minnesota · 1953
- Engstrom v. LarsonNorth Dakota Supreme Court · 1950
- Olivier v. UlebergNorth Dakota Supreme Court · 1946
- Degen v. BrooksNorth Dakota Supreme Court · 1950
5 more not listed; retrieve them via the Exa API.