Fritz v. Fritz
Supreme Court of Iowa
Appeal from, Pocahontas. District Gowrt. — Host. A. D. Bailie, Judge. This action was originally brought by S. B. Fritz against C. M. Fritz for dissolution of partnership, the appointment of a receiver, and an accounting. A receiver was appointed by agreement of the parties, and subsequently a stipulation of settlement of all matters involved in the suit was entered into.
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Appeal from, Pocahontas. District Gowrt. — Host. A. D. Bailie, Judge. This action was originally brought by S. B. Fritz against C. M. Fritz for dissolution of partnership, the appointment of a receiver, and an accounting. A receiver was appointed by agreement of the parties, and subsequently a stipulation of settlement of all matters involved in the suit was entered into. After this stipulation of settlement was filed in the case, plaintiff filed a supplemental petition praying that the stipulation of settlement be set aside and canceled, and that an accounting be had between the partners as…
1Opinion of the Court
McClain, J. —
1. Partnership: settlement between partners : abandonment : burden of proof: evidence. The ultimate facts necessary to be determined in order to dispose of'this controversy are few, and the rules of law applicable thereto are simple and practically undisputed. Prior to the institution of the original action for dissolution of partnership and accounting, S. B. Fritz and C. M. Fritz, under the firm name of Fritz & Fritz, had been engaged in the mercantile business, and had sold their stock of goods in October, 1903, to one O. J. Hubbard, receiving in exchange a half section of…
2Cases cited6 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. HarriettTexas Supreme Court · 1891
- Hall v. SmithSupreme Court of Iowa · 1864
- Merry v. AllenSupreme Court of Iowa · 1874
- Smith v. ElrodSupreme Court of Alabama · 1898
- Sioux City Stock Yards Co. v. Sioux City Packing Co.Supreme Court of Iowa · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kunde v. O'BrianSupreme Court of Iowa · 1932
- Doughty v. LawSupreme Court of Iowa · 1916
- Sawyer v. HawthorneSupreme Court of Iowa · 1914
- Goss v. SmithSupreme Court of Iowa · 1916
- W. T. Furguson Lumber Co. v. ElliottSupreme Court of South Carolina · 1934