Watts v. Patton
Mississippi Supreme Court
From the chancery court of Clarke county. Hon. S. Evans, Chancellor. Appeal from a decree sustaining a demurrer to a bill.
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From the chancery court of Clarke county. Hon. S. Evans, Chancellor. Appeal from a decree sustaining a demurrer to a bill. Appellant, Watts, in his bill of complaint against appellee, Patton, alleged in substance the following: That he and appellee were partners, under the firm-name of W. H. Patton & Co.,- conducting a mercantile business at Shubuta and at Sandersville, Miss., complainant owning something less than a half interest; that during the spring of 1886 the firm became involved in debt, and in March of that year made an assignment for the benefit of creditors, but the creditors…
1Opinion of the CourtCooper, J.
The averments of the bill are so vague and indefinite that it is impossible to say what are the facts relied upon by the complainant for relief. If Bonner paid all he undertook to pay, and in consideration thereof was to have the entire assets of the firm of Watts & Patton except only the portion reserved to Watts, the complainant would have no just ground of complaint, even if, as between. Bonner and Patton, an arrangement more beneficial to Patton had been previously stipulated for by him than he divulged to complainant. The misrepresentation under such circumstances would be immaterial,…
2Cited by4 opinions
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