Garr v. Redman

<p>Appeal from the District Court of the Third Judicial District. County of Santa Clara.</p> <p>The plaintiff filed his bill for a settlement and account against J. W. Redman and G. E. Brittain, setting forth in his complaint a contract of partnership, made between the parties in the State of Missouri, to the performance of the conditions of which the parties bind themselves in the penal sum of $50,000, and which recites that the plaintiff had made a certain advance of money for the outfit of defendants to enable them to come to California, in consideration of which the plaintiff was to have one-third of the profits arising from all the labors, speculations, and undertakings of the defendants for two years, the defendants agreeing to devote their labor and attention for that time to the co-partnership ad-adventure, and the defendant Redman agreeing to refund one-third of the outfit.</p> <p>The bill sets forth that the defendants have acquired property, both real and personal, during said partnership, and also since its expiration, by using the proceeds of the property acquired during its existence j and prays for an account, and for judgment for the amount found due.</p> <p>Redman demurred to the complaint as not setting forth any cause of action, there not appearing therein that any co-partnership existed between the parties, and also for a misjoinder of cause of action.</p> <p>The Court below sustained the demurrer, and entered judgment dismissing plaintiff’s bill. Plaintiff appealed.</p>