Reilly v. Woolbert
Supreme Court of Alabama
Appeal from Blount Chancery Court. Heard before Hon. A. H. Benners. Bill by S. A. Woolbert against Andrew J. Reilly and others for an accounting and to declare interest in partnership lands. From a decree for plaintiff, defendant named appeals.
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Appeal from Blount Chancery Court. Heard before Hon. A. H. Benners. Bill by S. A. Woolbert against Andrew J. Reilly and others for an accounting and to declare interest in partnership lands. From a decree for plaintiff, defendant named appeals. The bill of complaint as last amended shows that in April, 1905, the respondent Reilly owed complainant, Woolbert, $2,-419.76, for mining coal from respondent’s land, which was operated as the Fairchilds Coal & Coke Company; that in that month it was mutually agreed that complainant should have a one-tenth interest in the business of the said company…
1Opinion of the Court
SOMERVILLE, J.(1) If the allegations of the bill are true, a partnership existed between complainant and respondent from August 1, 1906, by virtue of the completed payment by complainant of the stipulated price for a one-tenth interest in respondent’s coal mining business. Such a purchase, by necessary implication, creates a partnership, with all of its legal incidents, and a contractual specification of those incidents is wholly unnecessary. .This result is, of course, only upon the face of the bill, and takes no account of the statute of frauds, which will be considered hereafter.(2) This…
2Cases cited4 opinions
- Butts v. CooperSupreme Court of Alabama · 1907
- Raub v. SmithMichigan Supreme Court · 1886
- Chrichton v. HaylesSupreme Court of Alabama · 1912
- Phalin v. DearmanSupreme Court of Alabama · 1913
3Cited by9 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Sanders v. Kirkland & Co.Supreme Court of Alabama · 1987
- Huebener v. ChinnOregon Supreme Court · 1949
- McLendon v. Truckee Land Co.Supreme Court of Alabama · 1927
- Nolen v. WileySupreme Court of Alabama · 1945
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