27 Kan. 426 | Kan. | 1882
The opinion of the court was delivered by
The facts in this case are as follows : In the winter of 1879 and 1880, defendant, now plaintiff in error, put up a quantity of ice, in what is known as Ryan’s ice-house, in Leavenworth, Kansas. After endeavoring to negotiate a sale to one A. L. Stevens, defendant entered into the following agreement of partnership with plaintiff:
“This agreement, made and entered into this 21st day of April, 1880, by and between John Lamb, of Leavenworth, Leavenworth county, Kansas, and William Sexton, of Leavenworth, Leavenworth county, Kansas, witnesseth, that they have this day associated themselves together, under the name and style of the North western Ice Company, for the purpose of retailing ice in the city and county of Leavenworth, and state of Kansas, on the following terms and conditions, to wit: The said William Sexton puts in the concern 660 tons of ice, merchantable ice now at Ryan’s ice house on Five-Mile creek, in Leavenworth county, Kansas, and sells to the said John Lamb one span of horses, with their harness and wagon, now in the possession of the said William Sexton, and used as an ice-delivery wagon, in which ice the said John Lamb is to be an equal partner, upon the following terms to wit: The said John Lamb pays now over to the said William Sexton the sum of six hundred and fifty dollars, the receipt of which is hereby acknowledged and confessed, and is to pay the further sum of $150 dollars in cash, June 1st, 1880. The further sum of ($390) three hundred and ninety dollars, being the balance to be advanced by the said John Lamb, is to be taken out of the said John Lamb’s share of the proceeds, arising from the sale of the ice itself; the said John Lamb and William Sexton to be owners and partners in said ice and the proceeds thereof; the said team to be the sole property of said John Lamb, and not to be used for the partnership, unless paid for as other teams which are used by the company.
“In token of our mutual consent whereunto, we have hereunto set our hands, scrawls by way of seals, this 21st day of April, 1880. John Lamb. [seal.]
William Sexton, [seal.]”
STATEMENT OF THE BUSINESS OF THE NORTHWESTERN IOE COMPANY.
Total sales of ice...............................................................$1,572.30
Total expense.................................................................. 490.75
Net proceeds....................................................................$1,081.55
Paid 'William Sexton........................................................ 930.77J
Amount due J. Lamb........................................................ $150.77J
Bills not collected, $47.80.
Leavenworth, Oct. 12, 1880. C. E. Sexton.”
Dissatisfied therewith, plaintiff brought his action in the-nature of an action of accounting, in which he charged that defendant did not put into the concern 660 tons of ice, and that he did not make a correct account of the amount sold and the moneys received. The case was tried by the court without a jury, special findings of facts made, and judgment rendered in favor of the plaintiff for $632.13, as well as for one-half of the uncollected accounts, and one-half of the moneys reported by the manager as in his hands. From this judgment the defendant brings error to this court.
These are the principal matters of error alleged, and in them appears nothing to justify us in reversing the judgment of the district court, and it will therefore be affirmed.