Wall v. Focke

OPINION OF THE COURT BY

PERRY, J.

This is an action of assumpsit for $2700, upon three counts. The plaintiff and the defendant were tenants in common of a tract of land known as Pilipili, 54 acres in area, the plaintiff having purchased his undivided one-half interest in June, 1903, and the defendant having acquired his interest before that date. *400After unsuccessful efforts on the plaintiff’s part to procure an amicable partition both parties were desirous of selling the common property to the best advantage. In the three counts of the declaration it is alleged that "plaintiff and defendant…