Devore v. Woodruff
North Dakota Supreme Court
A PPEAL from district court, Cass county; Hon. William /I B. McConnell, Judge. argued: That as to all transactions involved in this action the parties were partners; that the plaintiff had never demanded an accounting or dissolution, therefore this action at law for damages cannot be maintained; citing, Haskell v. Adams, 7 Pick. 59; Williams v. Henshaw, 12 id. 378; Carey v. Bruth, 2 Caines, 293; Bates on Partnership, vol. 2, § 849; Nugent v. Locke, 4 Cal. 320. That as to the…
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A PPEAL from district court, Cass county; Hon. William /I B. McConnell, Judge. argued: That as to all transactions involved in this action the parties were partners; that the plaintiff had never demanded an accounting or dissolution, therefore this action at law for damages cannot be maintained; citing, Haskell v. Adams, 7 Pick. 59; Williams v. Henshaw, 12 id. 378; Carey v. Bruth, 2 Caines, 293; Bates on Partnership, vol. 2, § 849; Nugent v. Locke, 4 Cal. 320. That as to the land near Fargo, there was no proof of indebtedness from defendant to plaintiff; if there was such indebtedness, it was…
1Opinion of the Court
Corliss. C. J.
In January, 1882, plaintiff and defendant entered into an oral agreement under which plaintiff, who resided *145in the east, and had some capital, was to furnish money to purchase real estate in the west for speculation; the defendant agreeing to make the purchases, and do all things necessary in the business, without compensation for his time and expenses— the two dividing the profits of the venture between them. This general statement of the compact between the parties is sufficient to present the first question to be considered on this appeal. In the court below, the plaintiff…
2Cases cited11 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Arnold v. . ArnoldNew York Court of Appeals · 1882
- Ullmann, Lewis & Co. v. JasperTexas Supreme Court · 1888
- Wallace. v. JohnstoneSupreme Court of the United States · 1889
- Wheeler v. ArnoldMichigan Supreme Court · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ginter v. GinterNorth Dakota Supreme Court · 1954
- Miller v. SmithNorth Dakota Supreme Court · 1910
- Hintz v. JacksonNorth Dakota Supreme Court · 1924