15 Or. 642 | Or. | 1888
The object of this suit is for an accounting between the parties as partners, and for the dissolution of sak\ alleged partnership and the settlement of its affairs. The plaintiff alleges in substance that in April, 1884, he was the owner of a stallion called “ Iron Duke,” of the value of $1,200, and at said time sold one fourth thereof to each of the defendants, and that they then entered into an agreement to keep said horse as partners, sharing the profits and losses according to the respective interests in the property. The complaint shows that the busi
The evidence submitted leaves the question in some doubt whether these parties were partners in the business described in the complaint, or were simply tenants in common in “Iron Duke”; but I do not deem this circumstance material. They are bound to account with each other, whether they were partners, joint tenants, or tenants in common. (1 Story’s Equity Jurisdiction, § 466; Dyckman v. Valiente, 42 N. Y. 549; Earley v. Friend, 16 Gratt. 21; Wright v. Wright, 13 Allen, 207; Goodenow v. Ewer, 16 Cal. 461; Darden v. Cooper, 7 Jones, 201.) This view of the law disposes of the principal contention of the appellants in this court. My first impression was to exclude from the account the plaintiff’s charges for expenses incurred in taking “Iron Duke” to Montana and return; but a careful re-examination of the evidence satisfies me that the defendants assented to it, and if they did they ought to bear their proportion of the' necessary expenditure.