Legal Opinion

Shorb v. Beaudry

California Supreme Court

Decided July 1, 1880No. 7,168PublishedCited by 32 opinions

Appeal from a judgment for the plaintiffs, and from an order denying a new trial, in the Seventeenth District Court. Sepulveda, J. The agreement referred to in the opinion was executed by B. W. Wilson, F. P. F. Temple, and Prudent Beaudry, and by J. de Barth Shorb and H. S. Ledyard, the last two being mere nominal parties ; and its terms were substantially as follows: Wilson agreed to convey to the corporation 2,100 acres in the Rancho San Pascual, and certain water rights ;…

Read the full summary

Appeal from a judgment for the plaintiffs, and from an order denying a new trial, in the Seventeenth District Court. Sepulveda, J. The agreement referred to in the opinion was executed by B. W. Wilson, F. P. F. Temple, and Prudent Beaudry, and by J. de Barth Shorb and H. S. Ledyard, the last two being mere nominal parties ; and its terms were substantially as follows: Wilson agreed to convey to the corporation 2,100 acres in the Rancho San Pascual, and certain water rights ; and also another tract, containing 400 acres, for which he was to receive one-half of all the capital stock, and to be…

1Opinion of the Court

Sharpstein, J. :

The respondents claim that s£ the facts alleged in the complaint, and admitted by the answer, show a partnership between Wilson and Temple & Beaudry, or at least such relations between them as are equivalent to a partnership, and render them inter sess, subject to the same liabilities and entitled to the same rights.”

It appears from the uncontroverted facts of this case that the plaintiffs’ testator, Wilson, and Temple & Beaudry, associated themselves together for the purpose of uniting in one Owner certain lands and water rights, some of which they then owned, and some of…

2Cases cited1 opinion

  1. Chater v. S.F. Sugar Ref. Co.California Supreme Court · 1861

3Cited by32 opinions

  1. Hotaling v. HotalingCalifornia Supreme Court · 1924
  2. Erkenbrecher v. GrantCalifornia Supreme Court · 1921
  3. Marr v. Postal Union Life Insurance Co.California Court of Appeal · 1940
  4. Elsbach v. MulliganCalifornia Court of Appeal · 1943
  5. Persson v. Smart Inventions, Inc.California Court of Appeal · 2005

27 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API