Legal Opinion

Knox v. Pearson

Supreme Court of Kansas

Decided April 5, 1902No. 12,118PublishedCited by 3 opinions

Error from Allen district court; L. Stillwell, judge. statement. This was an action brought by defendant in error as administrator of the estate of Noah Pettit, deceased, against S. M. Knox for an accounting. Knox and Pettit were partners in the farming and stock-raising business.

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Error from Allen district court; L. Stillwell, judge. statement. This was an action brought by defendant in error as administrator of the estate of Noah Pettit, deceased, against S. M. Knox for an accounting. Knox and Pettit were partners in the farming and stock-raising business. Knox furnished 480 acres of land, and Pettit contracted with him to cultivate it, furnishing one-half of the stock and farming implements, for the term of five years, and the parties were to share equally the profits and losses of the business. The agreement was made in writing November 10, 1890. In February, 1896,…

1Opinion of the Court

The opinion of the court was delivered by

Smith, J.:

The answer filed by defendant below pleaded an account stated. A balance was struck and the amount due Knox agreed on between the parties. Such settlement was conclusive in the absence of fraud, mistake or error, and the burden to impeach it by clear and convincing testimony rested on the plaintiff below. (1 Cyc. 454.)

The reply of the defendant below confessed the *715settlement pleaded in the answer and sought to avoid its binding force by averring that it was not just and correct, and that it was accomplished by fraud and misrepresentation on…

2Cases cited5 opinions

  1. State ex rel. Lewis v. WilliamsSupreme Court of Kansas · 1888
  2. Kingman, Pratt & Western Railroad v. QuinnSupreme Court of Kansas · 1891
  3. Marmon v. WallerMissouri Court of Appeals · 1893
  4. Meeh v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1900
  5. Moody v. ThwingSupreme Court of Minnesota · 1891

3Cited by3 opinions

  1. Illinois Steel Bridge Co. v. WaylandSupreme Court of Kansas · 1920
  2. McKnab-Bess Oil Co. v. Commonwealth Oil & Gas Co.Supreme Court of Kansas · 1935
  3. Ault v. PageSupreme Court of Oklahoma · 1921

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