Lawlor v. Kemper
Montana Supreme Court
Appeal"from District Court, Silver Bow County. W. O. Speer, Judge. Action by William Y. Lawlor against Simeon Y. Kemper. From an order denying a motion for a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. During the year 1891 and a portion of 1892. plaintiff, Lawlor, and defendant, Kemper, were partners dealing in real estate in Butte, Montana, under the name of Kemper & Lawlor.
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Appeal"from District Court, Silver Bow County. W. O. Speer, Judge. Action by William Y. Lawlor against Simeon Y. Kemper. From an order denying a motion for a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. During the year 1891 and a portion of 1892. plaintiff, Lawlor, and defendant, Kemper, were partners dealing in real estate in Butte, Montana, under the name of Kemper & Lawlor. The written agreement of partnership between them provided ' ‘that all gains, profits and increase that shall or may come, grow or arise from or by means of said business…
1Opinion of the CourtBuck, J.
The evidence is sufficient, in our opinion, to justify the action of the lower court in adopting the findings of the jury, and making them its own. The sale of the Ground Squirrel lode claim was not essentially foreign to the purposes of the co-partnership, and the evidence as to the general manner in which the business of the firm was conducted and the practical interpretation of their partnership contract by its-members, amply sustain these findings. Lawlor states that, the entry on the partnership books by Kemper: “March 18, ’92. Settled in full to date,” — was made without his consent, or…
2Cases cited3 opinions
- Riley v. MartinelliCalifornia Supreme Court · 1893
- Sweetser v. DobbinsCalifornia Supreme Court · 1884
- Schneider v. BrownCalifornia Supreme Court · 1890
3Cited by13 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1911
- Ferris v. McNallyMontana Supreme Court · 1912
- Eastern Idaho Loan & Trust Co. v. BlombergIdaho Supreme Court · 1941
- Talbott v. Butte City Water Co.Montana Supreme Court · 1903
- King v. Pony Gold Mining Co.Montana Supreme Court · 1903
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