Brockway v. Rowley

Citations

• 66 Ill. 99

Syllabus

<p>1. Contract—where parties furnish stock in an adventure, the profits to he divided and the stock to he returned, whether it means a peturn of the identical articles. Where the owner of a farm let the same, with various descriptions of other property, and the tenants were to furnish property of the same description, all of which they were to feed from the products of the farm, and care for, and at the end of the year they were to divide the sales of the proceeds of the farm and stock in a certain proportion, and the ■tenants were then to “draw out the same property they put in,” and return to the landlord the “stock, tools, hay and grain belonging” to him, keeping the tools in repair: Held, that the true construction of the contract was not that the tenants should return the identical articles they received, but a part only in kind; that tools and work horses from which there could be no natural increase, were to be returned in kind, and that, as to the stock, such as hogs, calves, chickens, etc., from which profits were expected to be realized, the tenants were to return stock of the same kind and description, of value equivalent to what they received.</p> <p>2. Appeal to Supreme Court—right to dismiss waived hy joinder in error. After the appellee has joined in error on appeal to this court, it will be too late to urge grounds for dismissing the appeal.</p> <p>3. Injunction—dismissal of hill asking for other relief on filing of answer. On bill for an injunction and for an account between partners m an adventure, the circuit court, upon the answer of the defendants, dissolved the injunction and dismissed the bill: Held, that the court erred in dismissing the bill on the answer; it should have been retained for the purpose of stating the account.</p>