Chapin v. Brown

Citations

• 4 Cal. Unrep. 300
• 34 P. 525
• 1893 Cal. LEXIS 1154

Syllabus

<p>Partnership—Accounting—Novation.—A Lumber Firm Agreed with two of its members to sell them sawed lumber at a certain price. The two members formed a new firm, and one of them sold his interest in the contract to the other, and the latter sold interests therein to two strangers. The old firm continued to sell to the purchasing concern under the agreement, and to receive payment therefrom, without' regard to its personnel, the bills being in all instances made out in the name of the purchasing concern. There was no evidence of any agreement to release the original contractors. Held, that there was no novation, and the lumber firm could sue one of the purchasing members for an accounting without joining his new associates in the purchasing contract.</p>