Stout v. Whitney
Illinois Supreme Court
This was an action of covenant brought on an agreement between the parties, which will be found in the following count, which was the fourth of the declaration. Demurrers were filed to each of the counts to which there was a joinder, and the Circuit Court of Adams County, Miushall, Judge, presiding, sustained the demurrers, whereupon the plaintiff in the Court below sued out this writ of error.
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This was an action of covenant brought on an agreement between the parties, which will be found in the following count, which was the fourth of the declaration. Demurrers were filed to each of the counts to which there was a joinder, and the Circuit Court of Adams County, Miushall, Judge, presiding, sustained the demurrers, whereupon the plaintiff in the Court below sued out this writ of error. The judgment in the Circuit Court was rendered at October term, 1850. And also for that, Whereas before the making of the articles of agreement hereinafter mentioned, to wit: on the 20th day of March,…
1Opinion of the CourtCaton, J.
With, the view we are disposed to take of this case, it is a matter of no moment whether the parties were partners prior to the execution of the agreement of the 18th of December, 1848, or not. Whatever else may be said of that agreement, we think it clear that the partnership, admitting that one had existed, was by that agreement dissolved, and the interest of Stout in the assets of the concern, were transferred to Whitney. That agreement is far from being skilfully drawn, and objections may be raised to any construction which may be given t. This is another of the thousand instances, which…
2Cited by6 opinions
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