17 Or. 441 | Or. | 1889
This is a suit to dissolve a partnership, and for an accounting. The plaintiff had a decree in the court below, from which the defendant has appealed'. Pending the appeal the defendant died, and his administrator was substituted. The existence of the partnership is denied, and that question presents the principal contention. A great deal of evidence was submitted on each side, which we have carefully considered; but it is impossible to determine from this evidence, so as to leave the mind satisfied with the result, whether a partnership existed between these parties or not. But inasmuch as the referee and the court below both found that there was a partnership, we have concluded not to change it. Thd existence of the partnership being established, it becomes necessary to inquire what relief shall be awarded. An accounting of some kind is always necessary upon a dissolution of a partnership, otherwise its affairs remain unsettled; but the court has no means of reaching,a conclusion as to the true state of its affairs and business except from the evidence offered. And where there are issues as to the existence of the partnership, and the condition of its accounts and business, the burden of proof is on the plaintiff, and if he cannot furnish sufficient evidence to enable the court to state a partnership account, his suit necessarily fails. (Maupin v. Daniel, 3 Tenn. Ch. 223; Nims v. Nims, 1 South. L. Rev. 527; Marvin v. Hampton, 18 Fla. 131.)
Owing to the impossibility of reaching a satisfactory conclusion as to the true state of the accounts between these parties, we have determined to direct that they be adjudged settled and closed, and that neither take or recover anything as against the other; that the lease of the use of the Multnomah Street Railway Company’s cars for advertising purposes, together with the good-will of the