Brewer v. Swartz
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. JEJ. P. Gates, Judge. (1) The petition shows on its face that at the time it was filed the partnership relatioH between plaintiff and defendant .had long since been terminated, and that no business relations existed between them other than what was covered by the written contract.
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Appeal from the Jackson Circuit Court. — Hon. JEJ. P. Gates, Judge. (1) The petition shows on its face that at the time it was filed the partnership relatioH between plaintiff and defendant .had long since been terminated, and that no business relations existed between them other than what was covered by the written contract. It necessarily follows that the plaintiff’s cause of action, if any, as shown by the petition, is at law for recovery on the contract set out in the petition, and not in equity. (2) This point being correct, it must follow that the court erred in refusing the defendant a…
1Opinion of the CourtEllison, J.
The plaintiff and defendant were partners in the wholesale lumber business. They afterwards dissolved the partnership by mutual consent. The judgment in the trial court was for plaintiff.
The principal question for decision is whether the case is in equity or at law. While the prayer of the petition is for a dissolution of the partnership and an accounting (matters for equitable jurisdiction) yet the face of the petition alleges that the parties themselves had, at a day alleged, dissolved the partnership and shows that they entered into full settlement of the partnership affairs, the result of…
2Cases cited4 opinions
- Whetstone v. ShawSupreme Court of Missouri · 1879
- Bender v. MarkleMissouri Court of Appeals · 1889
- Bellamy v. HawkinsSupreme Court of Florida · 1878
- Silver v. St. Louis, Iron Mountain, & Southern Railway Co.Missouri Court of Appeals · 1878
3Cited by1 opinion
- Brewer v. SwartzMissouri Court of Appeals · 1902