Eakin v. Fenton

Decided November 27, 1860

Indiana Supreme Court · decided 1860-11-27

A partner purchased the interest of his co-partner, in the partnership property, under a mistake as to the true condition of the partnership accounts, but without fraud in the party selling. Held, that there was no legal consideration for a promise of the partner selling, to make up the amount of the mistake. Held, also, that a moral consideration is insufficient to support an action.

Relies on Wiggins v. Keizer · Spahr v. Hollingshead · Abey v. Bennett

Good law ✅— No negative treatment on recordhow we know

Decided 1860-11-27

How this case has been cited

Cited by 18 later decisions — most recently April 1911

17 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1One partner bought out his co-partner, for a certain price. Afterward, he alleged that the purchase was made under a mistake of the true state of the partnership accounts, and claimed that he should be allowed a certain sum by the partner selling. There was no fraud. The partner promised to pay the sum, and is now sued on the promise. He denies there was any consideration for it.

¶2 Abey v. Bennett, 10 Ind. 478, and Spahr v. Hollingshead, 8 Blackf. 415, decide that there was no legal consideration: and Wiggins v. Keizer, 6 Ind. 252, decides that a moral one •is insufficient.

¶3The judgment is affirmed with costs.