Smith v. Millard
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
The material issue in this case was whether the defendant Millard, who was an incoming partner, assumed certain obligations of the old firm. The court below found that he did. But we think that this finding is not sustained by the evidence.
The plaintiff Smith, who was a member of a partnership known as the Express Printing Company, sold out his interest to Bynon and Morrill, who continued the business for a short time under the old name. Part of the consideration for this sale was a contract by Bynon and Morrill to do five hundred dollars’ worth of printing for Smith. This contract…
2Cited by3 opinions
- Wine Packing Corp. of Cal. v. VossCalifornia Court of Appeal · 1940
- First National Bank v. SimmonsCalifornia Supreme Court · 1893
- Wood v. WatermanCalifornia Court of Appeal · 1929