Nathan v. Brown

<p>Abstract of the Decision.</p> <p>1. Appeal and error, § 1347*—when presumed that no certificate of evidence was filed. Where on appeal the prwcipe of the record shows that the clerk was asked to prepare a complete transcript of the record in the cause appealed, and where the clerk certifies that the record presented is as requested in the prwcipe, it will be presumed that no certificate of evidence was ever filed in the cause, none appearing in such record.</p> <p>2. Equity, § 553*—when decree sustained. A decree not supported by findings of fact set forth therein or by a certificate of evidence is none the less properly made if the bill and answer set forth sufficient facts to warrant such decree.</p> <p>3. Partnership,- § 74*—when agreement for dissolution of partnership construed as agreement to pay stipulated sums for interest in business. An agreement for the dissolution of a partnership providing that all partnership assets were to belong to complainant and all partnership liabilities paid by him and “for and in consideration of all interests in said firm owned by” defendant, complainant “agrees to pay to” defendant “twenty-five ($25.00) dollars per week” between named dates, defendant to “give such services as he may be able to give until such last named date,” held to be construed as an agreement to pay the amounts named in consideration of defendant’s interest in the partnership, and not as obligating defendant to render services for which he was to be paid $25 a week.</p> <p>4. Reformation of instruments, § 2*—when agreement not ambiguous so as to require reformation. In a bill to reform a written agreement on the ground that it did not express the true intent of the parties, agreement examined and held not to require reformation, on the ground of ambiguity.</p> <p>5. Partnership, § 425*—when finding sustained by record. In a bill praying inter alia that all liabilities of complainant to defendant as partners be adjusted, where the record showed that complainant made a valid agreement to pay defendant $25 each week from May 28th to December 31st of a certain year, which agreement was not performed, a finding for defendant for $350 held warranted by the record.</p> <p>6. Appeal and error, § 1258*—when error in finding not available to complainant. A complainant in a chancery suit cannot complain that the court erroneously found against him in a less sum than warranted by the record, as such action was favorable to his interest.</p> <p>7. Appeal and error, § 1079*—-when error in finding not available to defendant. A defendant in a chancery suit in whose favor the court has found in a less sum than warranted by the record cannot complain of the error where such party has not assigned a cross-error.</p> <p>8. Injunction, § 262*—when temporary injunction properly dissolved. A temporary injunction restraining defendant from prosecuting an action at law is properly dissolved where it appears that such action was based on a sufficient cause of action.</p> <p>9. Injunction, § 386*—when finding sufficient as basis for decree for damages. A finding in a final decree that a certain sum was due defendant for the wrongful issuance of an injunction is a sufficient" finding of fact on which to base a decree, adding the amount to the amount of defendant’s damages, although the record does not show any evidence on which such finding was based, it appearing from the record that the injunction was issued and dissolved and that a suggestion of damages was filed.</p>