Elliott v. Jones

Citations

• 11 Del. Ch. 343
• 101 A. 874
• 1917 Del. Ch. LEXIS 25

Syllabus

<p>Where complainant and defendant, believing that an animal would make a valuable race horse agreed to join in purchasing it and to share equally the expense of training it and the profits of using and selling it, and defendant bought the horse but refused to accept from complainant payment of his share of the purchase money, or to recognize complainant’s ownership, specific performance may be decreed to the extent of requiring defendant to convey to complainant by bill of sale an undivided interest in the animal, and enjoining defendant from disposing of it without complainant’s consent, though the court could not by its decree require the parties to continue the partnership longer than they desired.</p>