Gaisell v. Johnston

Citations

• 68 Wash. 470
• 123 P. 783
• 1912 Wash. LEXIS 1314

Syllabus

<p>Partnership — Dissolution—Sale of Interest — Evidence — Sufficiency. There is sufficient evidence to establish a dissolution of a partnership, defendant agreeing to pay plaintiff for his interest in the partnership the sum of $500, by a note, and assume all the indebtedness, except $100 to be paid by plaintiff, where plaintiff’s evidence to that effect was corroborated by a witness who was present, and by the fact that, pursuant to the offer, plaintiff paid the $100 owing by the firm, and subsequently took no part in the business.</p> <p>Frauds, Statute of — Sale of Personalty- — Interest in Partnership — Delivery. The oral sale by plaintiff of a half interest in a partnership is not void for want of any delivery sufficient to satisfy the statute of frauds, where the plaintiff turned over the sole management and control of the business, which was assumed by the defendant, the property not being capable of manual delivery.</p> <p>Frauds, Statute of — Sale of Personalty — Part Performance— Payment. The oral sale by plaintiff of a half interest in a partnership business in consideration of defendant’s note for $500, plaintiff to pay a firm debt of $100, is taken out of the operation of the statute of frauds by plaintiff’s payment from his personal assets of the firm debt of $100 pursuant to the agreement.</p>