Chidberg v. Hegness

Citations

• 5 Alaska 168

Syllabus

<p>1. Pleading ¡§=192(6)—Demurrer—Contract in Writing.</p> <p>It is a fundamental rule in pleading that a demurrer will lie only for defects wbicb appear upon the face of the pleading to which it is opposed; a written contract must be construed upon demurrer by the light afforded by the declaration or complaint; and not by circumstances suggested, but which do not appear upon the face of the pleading; the illegality of a contract sued upon must appear upon the face of the complaint, or it cannot be taken advantage of by demurrer.</p> <p>2. Partnership ¡§=>26—Validity—Public Policy—United States Mails.</p> <p>The plaintiff and defendant entered into á written agreement to form a partnership, to obtain the U. S. mail contract from Nome to Unalakleet, Alaska; to provide the means of performing it and to divide the profits resulting therefrom upon an agreed percentage basis, after the objects of the contract were completed; on demurrer to a complaint setting up the facts, held, the contract sued on is not objectionable to any statutory inhibition, has no apparent evil tendency, and is not void as against public policy.</p> <p>3. Partnership ¡§=>5—Contract.</p> <p>Where plaintiff and defendant entered into a written agreement to obtain a mail contract in Alaska, to provide the means of performing it, agreeing to divide the profits after the government has paid the contract price, each contributing property and services and having a community of interest in the enterprise, held, they are partners, with the usual duties and obligations toward each other.</p> <p>¡§=>See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>