29 Conn. 600 | Conn. | 1861
Upon the face of this bill its main object appears to be to procure a division of certain property which the plaintiff claims belonged to the partnership between him and the defendants, and to be now owned by him and his late partners jointly. Connected with this claim, however, the plaintiff asks that the defendants be decreed to pay him twotliirds of the original value of this property, on the ground that, as he sold it to the firm at a price which has never been paid him, and which on the dissolution at which most of its concerns were settled was left unarranged, he has an equitable claim to be paid the defendants’ proportion of this debt. In the first place, the defendants insist that the firm never purchased this property ; and secondly, if it did, that it was re-sold to the plaintiff on the dissolution, or, what amounts to the same thing, that the original sale was rescinded, so as to revest the plaintiff with the title.
We think the plaintiff has no equitable claim to a decree in his favor. So far as the bill asks for the division of the prop
But the plaintiff has no equitable claim to be paid for the goods which he claims to have sold to the partnership. The finding leaves it a little in doubt whether there was ever any sale of it to the firm. If, however, we assume that there was such a sale, we think the rescission of it, at the time of the dissolution, as well established as the sale itself. The parties then differed as to the terms of the sale. The plaintiff said he would not sell them on the terms which the defendants claimed, but would take them home, and the defendants assented to this, and the plaintiff then obtained the defendants’ assent that they should remain where they were a few days, when he would take them away. It is said there was no re-sale of the goods because there was no meeting of the minds as to the price, and that no memorandum in writing was made. This we think is putting the case on altogether too technical ground. There was nothing written between these parties in respect to the formation of their partnership, or its dissolution, or in respect to the sale of these goods or the rescission of the sale, or of any of their transactions between themselves; and this rescission is not to be viewed in the light of an independent sale or re-gale of goods. The parties very
We accordingly advise the superior court to dismiss the bill.
In this opinion the other judges concurred.
Advice that bill be dismissed.