Hoile v. York
Wisconsin Supreme Court
ERROR to the Circuit Court for Winnebago County. The action below yras by York against Hoile. On the 12th of November, 1868, the parties entered into a written contract, by the terms of which Hoile agreed to receive York “ into joint and equal partnership in the general produce, fruit and commission business ” then carried on by Hoile, “ on and after the first of April, 1869, upon the following conditions,” viz.: that York should forthwith furnish Hoile $275, to be used by…
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ERROR to the Circuit Court for Winnebago County. The action below yras by York against Hoile. On the 12th of November, 1868, the parties entered into a written contract, by the terms of which Hoile agreed to receive York “ into joint and equal partnership in the general produce, fruit and commission business ” then carried on by Hoile, “ on and after the first of April, 1869, upon the following conditions,” viz.: that York should forthwith furnish Hoile $275, to be used by the latter in the purchase of meat, poultry, or such other articles as his judgment might suggest, from time to time,…
1Opinion of the Court
Colé, J.
We think the contract set out in the complaint contemplated that there should be a settlement or statement rendered by the defendant of the transactions growing out of the first adventure on the 31st of March, 1869.. The plaintiff furnished the $275 to *213be used by the defendant in the purchase of meat, poultry, or such other articles as his judgment might dictate, and to be sold as opportunity might offer, and the profits arising from such sales were to be equally divided on that day. There could, of course, be no division of profits unless there was some statement rendered by the…
2Cases cited1 opinion
- Lamb v. GroverNew York Supreme Court · 1866
3Cited by7 opinions
- Montello Granite Co. v. Industrial CommissionWisconsin Supreme Court · 1938
- Cearley v. CearleyCourt of Appeals of Texas · 1960
- Langley v. SanbornWisconsin Supreme Court · 1908
- Wagner v. ButtlesWisconsin Supreme Court · 1912
- Holgate v. DownerWyoming Supreme Court · 1899
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