Gates v. Paul
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for La Crosse county: Chas. M. Webb, Judge. Tbe cause of action set forth in tbe complaint at tbe outset was for tbe dissolution of a partnership and an accounting. Tbe substance thereof was as follows: January 1, 1895, plaintiff and defendant made an agreement, partly verbal and partly written, for tbe purpose of buying timber lands of various sorts and dealing in tbe same in the states of Florida and Geofgia.
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Appeal from a judgment of tbe circuit court for La Crosse county: Chas. M. Webb, Judge. Tbe cause of action set forth in tbe complaint at tbe outset was for tbe dissolution of a partnership and an accounting. Tbe substance thereof was as follows: January 1, 1895, plaintiff and defendant made an agreement, partly verbal and partly written, for tbe purpose of buying timber lands of various sorts and dealing in tbe same in the states of Florida and Geofgia. By tbe terms of such agreement plaintiff bound himself to contribute tbe special knowledge which be bad respecting lands and tbe proper…
1Opinion of the CourtMaeshall, J.
Counsel for appellant insist that the court erred in allowing the amendment to the complaint. The scope thereof, as intended by respondent’s counsel, as understood by counsel for appellant, and as viewed by the court as well, was intended to change the cause of complaint by eliminating therefrom the element of partnership without changing the scope of the controversy set out as regards the pe*177cuniary results sought, so- as to warrant relief in that regard upon the theory that an express trust in lands was created respecting the property involved in the suit, instead of a partnership with an…
2Cases cited17 opinions
- Cole v. GetzingerWisconsin Supreme Court · 1897
- Franey v. WarnerWisconsin Supreme Court · 1897
- Brown v. . LeighNew York Court of Appeals · 1872
- Post v. CampbellWisconsin Supreme Court · 1901
- Bergeron v. MilesWisconsin Supreme Court · 1894
12 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Charmley v. CharmleyWisconsin Supreme Court · 1905
- McLennan v. ChurchWisconsin Supreme Court · 1916
- Knauf & Tesch Co. v. Elkhart Lake Sand & Gravel Co.Wisconsin Supreme Court · 1913
27 more not listed; retrieve them via the Exa API.