Boskowitz v. Nickel

Citations

• 97 Cal. 19
• 31 P. 732
• 1892 Cal. LEXIS 749

Syllabus

<p>Partnership Settlement — Advances by One Partner for Purchase of Land. — In a settlement between partners, where one of the partners has advanced merchandise, paid for from his personal funds, for the purchase of a tract of land, which both parties treated as partnership land, the other partner should he charged with one half of the value of the merchandise as his share of the cost of the investment.</p> <p>Id. —Interest upon Partnership Indebtedness. —Where, by the terms of an agreement between the partners, it was expressly agreed that each party should satisfy one half of the interest charged upon all indebtedness due subsequent to the date of the agreement, it is proper to charge interest upon the amount due to a partnership creditor whose indebtedness was created subsequent to the agreement, with the express consent df the partner who objects to such charge.</p> <p>Id. — Office Expenses. — A partner is properly chargeable with his share of office expenses, where there is nothing in the agreement of the partners to the contrary.</p> <p>Findings — Embodiment of Evidence and Matters of Law. — The practice of drawing findings which consist of a detailed statement of the evidence and the respective claims of the parties to the action, together with the views of the court upon matters of law, is one not to be commended. If it is desirable in any case to place the evidence before the appellate court, a motion for a new trial should be made.</p>