Boulton v. First National Bank
Supreme Court of Iowa
Appeal from Floyd, Circuit Court. The plaintiff, Boulton, claims that, he and one Wilkins as • partners purchased a lot in the town of St. Charles, the title of which was conveyed to Wilkins for convenience: that afterward they commenced the erection of a building thereon in the erection of which several thousand dollars were expended, all of which but a small portion was furnished, by Boulton; that afterward an arrangement in parol was made whereby Wilkins agreed to convey…
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Appeal from Floyd, Circuit Court. The plaintiff, Boulton, claims that, he and one Wilkins as • partners purchased a lot in the town of St. Charles, the title of which was conveyed to Wilkins for convenience: that afterward they commenced the erection of a building thereon in the erection of which several thousand dollars were expended, all of which but a small portion was furnished, by Boulton; that afterward an arrangement in parol was made whereby Wilkins agreed to convey the premises to Boulton, and the latter was to pay the former $100 for his interest. This agreement was not reduced to…
1Opinion of the CourtServers, J.
1. evidence: Bookseofae-: count. I. The existence of the partnership and the length of time it continued were material questions. Asevidence to support this theory the defendant offered cei’tain account books of Mitchell & Fletcher which contained charges against “Boulton & Wilkins” for lumber used in the construction of the building on the lots in question. Boulton claimed the partnership had been dissolved. These books were objected to but the objections overruled and they were admitted as evidence. In this there was error. Who made the entries was not shown or that either Bonlton or…
2Cases cited1 opinion
- McNamara v. DrattSupreme Court of Iowa · 1875