Finn v. Young

Citations

• 50 Wash. 543
• 97 P. 741
• 1908 Wash. LEXIS 779

Syllabus

<p>Partnership — Sale of Business — Remedies Between Partners— Fraud of Partner — Measure of Damages. Where a partnership business was sold by one of two equal partners, who fraudulently secured his copartner’s consént to the sale and misrepresented the price actually received, the measure of plaintiff’s damages is the difference between the sum received by plaintiff from defendant and one-half of what the purchaser paid, even if the sum paid exceeded the actual value; since a fiduciary relation existed between the partners and plaintiff was entitled to his share of any profit made.</p> <p>Partnership — Actions Between Partners — Fraud. It is no answer to an action between partners to recover damages for fraudulent representations in the sale of the business that there should be an accounting and a reinstatement in the business, when the fraud was not discovered in time to gain relief in such an action.</p>