Allen v. Allen
Utah Supreme Court
Appeal from District Court, First District; Hon. J. D. CaM, Judge. Action by Joseph S. Allen against Henry H. Allen. Judgment for plaintiff. Defendant appeals. appellant’s points McMahon v. Thornton, 1 Pac. 724, “one partner cannot sue another for his share while the partnership accounts are unsettled.”
Read the full summary
Appeal from District Court, First District; Hon. J. D. CaM, Judge. Action by Joseph S. Allen against Henry H. Allen. Judgment for plaintiff. Defendant appeals. appellant’s points McMahon v. Thornton, 1 Pac. 724, “one partner cannot sue another for his share while the partnership accounts are unsettled.” “One partner cannot rightfully demand a division, partition,- or sale of the partnership property or effects until an account has been taken, as between the partners, ascertaining and defining their respective rights.” The interest of a partner is not an interest in a specific article®4'** his…
1Opinion of the CourtGideon, J.
In this action plaintiff seeks to compel specific performance of an oral agreement between plaintiff and defendant concerning real property that was partitioned or given to the plaintiff in an oral mutual agreement dissolving a partnership existing between the parties, and asks for a decree quieting title to such lands in the plaintiff and for a judgment of the court decreeing the plaintiff and defendant to be the owners as tenants in common of 160 acres of land described in the complaint.
In substance the complaint alleges that in the year 1906, plaintiff and defendant, as copartners, were…
2Cases cited1 opinion
- Whittemore v. CopeUtah Supreme Court · 1895