93 Iowa 694 | Iowa | 1895
In the year 1889 the plaintiff and the appellants became jointly interested in a forty-acre tract of land which was located’ two and one-half miles northeast of the postoffice in Sioux City. The land was purchased for thirty-two thousand dollars, and within a year was sold for the sum of forty-five thousand six hundred dollars. The plaintiff claims that the purchase was made for the joint benefit of himself, W. H. Beck, J, H. Preston, and the copartnership of Jackson, Patterson & Co.; that the share of the latter was to be two-fifths, and of each of the other persons named one-fifth, of the land purchased; that the business of purchasing and selling it was done by Jackson, Patterson & Co.; that, although the purchase price was but thirty-two thousand dollars, they, for the purpose of cheating and defrauding the plaintiff, represented that it was thirty-five’ thousand dollars; that they fraudulently represented to him that it wais- sold for the sum of thirty-seven thousand five hundred dollars; and that they have accounted to him for his original-
I. In March, 1890, Beck commenced an action against the appellants in this case, against the plaintiff in this case, and against Preston, in which he alleged that the purchase of the land in question was for the benefit of the parties to that action as partners, stating the price for which it had been purchased and for which it had been sold; that the business had been transacted by Jackson, Patterson & Co.; and asking for an
It is true that in the Beck Case the petition alleged in regard to the transaction in question substantially; the same that the plaintiff claims in this; that his answer contained a general denial; and that the court found that Beck had no. cause of action. But, before that finding was made, the plaintiff had withdrawn his answer, and as to him the allegations of the petition were not denied. He had ceased to claim anything adverse to. Beck, and his right to recover for the cause of action he now sets out was not in any manner involved. He claimed nothing as against his codefend-anfcs, and they claimed nothing as against him, and he and they claimed nothing in common. Their answers were separate, and they acted independently of each' other. Although the plaintiff might have so pleaded in that action as to have presented his claim fully, yet he was not obliged to do so. What he claims would not have constituted any defense to the alleged right of Beck to recover, and there was nothing in the case which made it his duty to present his claims against his code-fendantsi for adjudication under penalty of being estopped to assert them. It is said that a defendant in an action for an accounting is entitled to a decree for any amount found due him without filing a counterclaim or cross petition. McGregor v. McGregor, 21 Iowa, 454. But in the Beck Case no accounting was asked as against this plaintiff, and he was not entitled to any relief as against Beck. There are cases in which .a decree is necessarily an adjudication of the rights of codefendants asbetA reen themselves; as,where the order of distribution amo.rg them of a fund in controversy is to be determined, and they have had an opportunity to be heard. But no question of that kind was involved
II. It is said this action was prematurely brought. A part of the consideration received by the appellants for the sale of the land was in promissory notes, some
III. We are next required to determine whether the plaintiff has a meritorious cause of action. There
The evidence justifies the conclusion that he was interested with the appellants in their purchase of the land, and that he became entitled to one-fifth of all the