Andreopulos v. Peresteredes

Citations

• 95 Wash. 282
• 163 P. 770
• 1917 Wash. LEXIS 801

Syllabus

<p>Judgment — Conclusiveness—Res Adjudicata. A judgment in an action brought by a partner for an accounting, in which a counterclaim was pleaded, is not res adjudicata or a bar to a judgment on the same counterclaim in a prior action already pending between the same parties, where the pendency of such prior action might have been pleaded in abatement and it was shown that the counterclaim was not adjudicated in the last action which first went to judgment.</p> <p>■ Partnership — Actions Between Partners — Damages — Future Profits — Evidence—Sufficiency. In the absence of any evidence of profits in the past, the evidence is too speculative and uncertain to warrant recovery of damages for loss of future profits from a partnership agreement for the manufacture of cigarettes, where defendants merely testified that the stock on hand was worth $7,500, that $1,000 worth of stock would bring a profit of $700, that the cigarettes cost from $4.26 to $4.50 per thousand, and they sold at $12, $15, and $25 per thousand; the estimate of $700 profits being merely an opinion subject to contingencies.</p> <p>Same — Partners—-Accounting—Expenditures. In an action for an accounting between partners, one partner may recover on counterclaim for actual disbursements made for the firm which were never repaid to him.</p> <p>Appeal — Review—-Findings. A verdict upon conflicting evidence, properly submitted, is conclusive on appeal.</p>