Black v. Merrill

Citations

• 65 Cal. 90
• 3 P. 113
• 1884 Cal. LEXIS 453

Syllabus

<p>Practice — Eqüitarijü Action—Partnership Accountins. — The relief awarded to a plaintiff must be consistent with the case made by his complaint. In an equitable action to reopen a settlement and sale between partners, and to obtain an accounting of partnership affairs, on the ground of fraud alleged to have been practiced by the defendant, the court, if it finds for the plaintiff, should set aside the sale and settlement and take an accounting. Without this it cannot render judgment against the defendant for a specific sum.</p>