Bennett v. Smith ex rel. Newton

Smith sued Bennett for the price of' certain logs. Part of these had belonged to Smith and. were bargained at eight dollars a thousand. The remainder were logs belonging to Smith and Bennett, for which Bennett was to pay the concern seven dollars and fifty *213cents a thousand. One principal question is whether Bennett can be sued for these logs of the joint ownership in this action. To determine this it is necessary to look at the facts.

In December, 1872, Smith agreed to buy on joint account certain lands to be owned in common, and to cut the pine timber on joint account, — the proceeds thereof…