Legal Opinion

Pope v. Thompson

Wisconsin Supreme Court

Decided May 4, 1920PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Kenosha county: E. B. Belden, Circuit Judge. Partnership. The complaint alleges that the plaintiff is a steam-shovel operator; that the defendant is a sewer contractor; and that on or about the 6th day of August, 1919, the plaintiff and defendant “entered into an agreement to share equally in the profits for the digging and com structing of certain sewers in the city of Kenosha;” that pursuant to said agreement the plaintiff…

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Appeal from a judgment of the circuit court for Kenosha county: E. B. Belden, Circuit Judge. Partnership. The complaint alleges that the plaintiff is a steam-shovel operator; that the defendant is a sewer contractor; and that on or about the 6th day of August, 1919, the plaintiff and defendant “entered into an agreement to share equally in the profits for the digging and com structing of certain sewers in the city of Kenosha;” that pursuant to said agreement the plaintiff went with defendant • over the ground where the sewers were to be constructed, examined the plans, and performed other…

1Opinion of the CourtRosenberry, J.

We are not enlightened as to the theory upon which the plaintiff proceeded in this action. Plaintiff carefully refrains from alleging that the plaintiff and defendant were partners. The allegation is “that each was to share equally in the profits.” Manifestly, if there was a partnership, in the absence of an accounting or settlement of the partnership affairs the plaintiff could not maintain this action at law against his copartner. No such accounting -or settlement is alleged or proven. The only other' *470theory upon which the plaintiff can sustain his contentions in this case is that there was…

2Cases cited2 opinions

  1. Hill v. PalmerWisconsin Supreme Court · 1882
  2. Hopkins v. Racine Malleable & Wrought Iron Co.Wisconsin Supreme Court · 1909

3Cited by4 opinions

  1. Miller v. LooHawaii Supreme Court · 1958
  2. Friedrich v. DurantWisconsin Supreme Court · 1927
  3. Ullman v. Bee Hive Department StoreWisconsin Supreme Court · 1927
  4. Ullman v. Bee Hive Department StoreWisconsin Supreme Court · 1927

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